Kelley v. Wabash Railroad
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Frmicis H. Trimble, Judge. The demurrer to plaintiff’s evidence should have been sustained, because there was no sufficient evidence to establish prima facie that the fire that burned plaintiff’s property was set by an engine on defendant’s railroad, nor any fact from which such an inference might properly be drawn.
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Appeal from Livingston Circuit Court. — Hon. Frmicis H. Trimble, Judge. The demurrer to plaintiff’s evidence should have been sustained, because there was no sufficient evidence to establish prima facie that the fire that burned plaintiff’s property was set by an engine on defendant’s railroad, nor any fact from which such an inference might properly be drawn. Under such circumstances the court should have given the instruction in the nature of a demurrer to the evidence at the close of plaintiff’s evidence as well as at the close of all the evidence. Peck v. Railroad, 31 Mo. App. 123; Peffer…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover from the defendant company the value of ninety tons of bay and other personal property destroyed by fire alleged to have been set out by one of defendant’s engines.
Tbe fire is alleged to have been started on tbe south side of tbe defendant’s track,- tbe railroad at that point being located on a line east and west. Tbe fire occurred on tbe 18th day of February, 1908. A witness by tbe name of Brotzer testified that; be bad a farm adjoining that of plaintiff; that on tbe day in question he was hauling wood and that be watched the fire closely; that at three o’clock be…
2Cases cited1 opinion
- Sheldon v. Hudson River Rail RoadNew York Supreme Court · 1859
3Cited by4 opinions
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- Weeks v. BaileyNew Mexico Supreme Court · 1927
- Anderson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1963
- Taylor v. LuskMissouri Court of Appeals · 1916