Clark v. Kansas City, Ft. S. & M. R. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. This action was brought in the state circuit court of Shelby county, Tenn., and removed into the Circuit Court of the United States for the Western District of Tennessee.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. This action was brought in the state circuit court of Shelby county, Tenn., and removed into the Circuit Court of the United States for the Western District of Tennessee. The object of the suit was to recover damages for the destruction by fire of the cotton seed house or warehouse of plaintiff in error, situated on land adjoining the right of way of defendant in error at the station and village of Clarketon, Ark. The fire occurred about 11 o’clock p. m. Sunday night, January 13, 1901, resulting in total…
1Opinion of the CourtClark, District Judge
The liability of the defendant, as determined under common-law rules, is supposed to be changed or affected by statute, as found in the Code of Arkansas (section 7362, Sand. & H. Dig.), which is as follows:
“If any person shall set on fire any grass or other combustible material within his enclosures, so as to damage any other person, such person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction of the amount sued for; but if such person shall, before setting out the fire, notify these persons whose farms are…
2Cases cited10 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
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3Cited by3 opinions
- Turrittin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1905
- Excelsior Products Manufacturing Co. v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
- Dickelman Mfg. Co. v. Pennsylvania R.District Court, N.D. Ohio · 1929