Fitch v. Pacific Railroad
Supreme Court of Missouri
Error to First District Court. Tbe plaintiff having shown that the fire originated from sparks escaping from defendant’s engine, the burden of proof was on the defendant to show that the engine from which the sparks escaped -was, at the time, equipped with the most improved mechanical contrivances employed to prevent the escape of fire. (Ill. Cent. R.R. v. Mills, 42 Ill. 410 ; McClelland v. Ill. Cent.
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Error to First District Court. Tbe plaintiff having shown that the fire originated from sparks escaping from defendant’s engine, the burden of proof was on the defendant to show that the engine from which the sparks escaped -was, at the time, equipped with the most improved mechanical contrivances employed to prevent the escape of fire. (Ill. Cent. R.R. v. Mills, 42 Ill. 410 ; McClelland v. Ill. Cent. R.R., 42 Ill. 354. See also opinion of Illinois Supreme Court in case of 0. & M. R.R. Co. v. Shanafelt, not yet published.) I. If plaintiff, by permitting inflammable matter to grow and remain…
1Opinion of the CourtBliss, Judge
The plaintiff charges defendant with negligently ana carelessly, and for want of due care and prudence in running its locomotives and cars, setting fire to and burning up his fences and corn fields, etc. Defendant joined issue, and judgment was recovered by the plaintiff in the Johnson Court of Common Pleas, which was reversed in the District Court.
At the trial, the plaintiff gave evidence tending to prove that the fires were kindled by sparks from the smoke-stacks of defendant’s engine; that an unusual amount of smoke and sparks were emitted at the time ; that the fire caught near the…
2Cases cited3 opinions
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
3Cited by24 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Kapros v. Pierce Oil CorporationSupreme Court of Missouri · 1930
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
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