Evins v. St. Louis & San Francisco Railroad
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. The demurrer should have been sustained. The act under which this suit was brought imposes an absolute liability for the destruction of property by fire, and is constitutional. 89 Ark. 418; 165 U. S. 1; 121 Mo. 298; Id. 340; 12 Col. 294 ; 62 Conn. 340; 16 Gray (Mass.) 71; 145 Mass. 129; 46 Me. 95; 25 L. R. A. 161, 162. And contributory negligence is not a defense. 2 Col.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. The demurrer should have been sustained. The act under which this suit was brought imposes an absolute liability for the destruction of property by fire, and is constitutional. 89 Ark. 418; 165 U. S. 1; 121 Mo. 298; Id. 340; 12 Col. 294 ; 62 Conn. 340; 16 Gray (Mass.) 71; 145 Mass. 129; 46 Me. 95; 25 L. R. A. 161, 162. And contributory negligence is not a defense. 2 Col. App. 42; 2 Id. 169; 3 Elliott on Railroads, § 1223, and authorities cited. 2. Instruction 6 given by the court assumes conclusions of fact, invades the province of…
1Opinion of the CourtFrauenthal, J.
This is an action to recover damages for the destruction of a barn by fire, alleged to have originated from a locomotive engine of defendant upon its line of railroad. J. T. Evins was the owner of the barn, and had obtained a policy from the Citizens’ Insurance Company insuring it against loss by fire. In said policy it was provided that said insurance company, upon payment of the loss, should be subrogated to all rights of the owner against any wrongdoer through whose wilful or negligent act the loss to the property occurred. It was alleged that the barn was destroyed by fire caused by…
2Cases cited14 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Martin, Admx. v. N. York N. England R. R. Co.Supreme Court of Connecticut · 1892
- West v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1887
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3Cited by7 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Willis v. ElledgeSupreme Court of Arkansas · 1967
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & RossSupreme Court of Arkansas · 1915
- Kansas City So. Rly. Co. v. BeatySupreme Court of Arkansas · 1965
2 more not listed; retrieve them via the Exa API.