Gulf, C. & S. F. Ry. Co. v. Johnson
Court of Appeals for the Eighth Circuit
Ill Error to the United States Court in the Indian Territory. This action was commenced in the United States court in the Indian Territory, third division, by W. H. Johnson, the defendant in error, against the Gulf, Colorado & Santa Ee Railway Company, plaintiff in error, to recover the value of a yearling alleged to have been killed by the negligent operation of the defendant’s trains, and also to recover the value of two tons of hay and the grass growing* on eighty acres…
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Ill Error to the United States Court in the Indian Territory. This action was commenced in the United States court in the Indian Territory, third division, by W. H. Johnson, the defendant in error, against the Gulf, Colorado & Santa Ee Railway Company, plaintiff in error, to recover the value of a yearling alleged to have been killed by the negligent operation of the defendant’s trains, and also to recover the value of two tons of hay and the grass growing* on eighty acres of pasture land alleged to have, been burned, by fire negligently permitted to escape from the defendant’s locomotives.…
1Opinion of the Court
CALDWELL, Circuit Judge.
1. The first seven, assignments of error are based on the ruling of the court below allowing the plaintiff to prove that the defendant’s engines had set fire to the grass and other combustible mailer on the line of its road in the immediate vicinity of the plaintiff’s premises, and similarly situated, short*476ly before and soon after the fire which, burned the plaintiff’s property. This was competent evidence to go to the jury as a circumstance “tending to prove the possibility, and a consequent probability, that some locomotive caused the fire, and as tending to show a…
2Cases cited8 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
- Eddy v. LafayetteCourt of Appeals for the Eighth Circuit · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Missouri, K. & T. Ry. Co. v. ShepherdSupreme Court of Oklahoma · 1908
- St. Louis S. F. R. Co. v. LoftisSupreme Court of Oklahoma · 1910
23 more not listed; retrieve them via the Exa API.