St. Louis, Iron Mountain & Southern Railway Co. v. Dawson
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B.-Grace, Judge; 1. No presumption of negligence arises until it is shown by competent evidence that a spark or coal from one of defendant’s engines started the fire. 49 Ark. 540; 33 Ark. 816; 59 Ark. 111. 2. Instruction 2 given by the court was erroneous.
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Appeal from Jefferson Circuit Court; Antonio B.-Grace, Judge; 1. No presumption of negligence arises until it is shown by competent evidence that a spark or coal from one of defendant’s engines started the fire. 49 Ark. 540; 33 Ark. 816; 59 Ark. 111. 2. Instruction 2 given by the court was erroneous. It was error to charge the jury that “railway companies are bound to use locomotive engines which are of the safest construction,” and “to supply them with-the best approved appliances and contrivances,” and that a “failure to use such locomotive appliances would be negligence.” The exercise of…
1Opinion of the CourtMcCulloch, J.
This is an action against the railway company to recover damages caused by destruction by fire of plaintiff’s property, a lot of seed-cotton stored in a house near the railroad track.
It is contended that the verdict is not sustained by the evidence. The facts are similar to those in St. Louis, I. M. & S. Ry. Co. v. Coombs, 76 Ark. 132, and the principles of law announced in that case are controlling in this. The plaintiff introduced testimony tending to show that the house containing the cotton was discovered to be on fire a few minutes after the engine passed, and there was no other evidence…
2Cases cited10 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Fletcher v. EagleSupreme Court of Arkansas · 1905
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Highland Foundry Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Blanton v. Mo. Pac. R.R. Co.Supreme Court of Arkansas · 1930
- St. Louis Southwestern Railway Co. v. McIntosh & CarlisleCourt of Appeals of Texas · 1910
14 more not listed; retrieve them via the Exa API.