Big River Lead Co. v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) There was not sufficient evidence to establish the fact that the fire was communicated from defendant’s engines, and the court should have so instructed the jury. Gibbs v. Eailroad, 104 Mo. App. 276; Wright v. Eailroad, 107 Mo. App. 209; Peffer v. Eailroad, 98 Mo. App. 291; Fields v. Eailroad, 113 Mo. App. 642; Bank v. Eailroad, 98 Mo. App. 330; Peck v. Eailroad, 31 Mo.
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Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) There was not sufficient evidence to establish the fact that the fire was communicated from defendant’s engines, and the court should have so instructed the jury. Gibbs v. Eailroad, 104 Mo. App. 276; Wright v. Eailroad, 107 Mo. App. 209; Peffer v. Eailroad, 98 Mo. App. 291; Fields v. Eailroad, 113 Mo. App. 642; Bank v. Eailroad, 98 Mo. App. 330; Peck v. Eailroad, 31 Mo. App. 123; Moore v. Eailroad, 28 Mo. App. 622. (2) Where there is no direct evidénce to prove the ultimate fact essential to recovery, the facts proven…
1Opinion of the CourtGoode, J.
Plaintiff, an incorporated company, suffered a loss by fire November 21,1903, and seeks compensation from the defendant on an averment that the fire was kindled by sparks emitted by one of defendant’s locomotives. According to the statement of the petition, the property burned was one barn of the value of $2,000, another barn of the value of $1,000, four mares worth $650, two mules worth $300, two- thousand bushels of corn worth $900, one hundred and twenty-five tons of hay worth $1,250, five hundred sacks worth $25, one thousand pounds of mixed feed, worth $900, four hundred bushels of oats…
2Cases cited17 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Field v. New York Central RailroadNew York Court of Appeals · 1865
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- French v. Virginian Railway Co.Court of Appeals of Virginia · 1917
- St. Louis S. F. R. Co. v. ShannonSupreme Court of Oklahoma · 1910
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Fodey v. Northern Pacific Railway Co.Idaho Supreme Court · 1912
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
13 more not listed; retrieve them via the Exa API.