Tapley v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. There was not sufficient evidence to establish the fact that fire from defendant’s engine ignited the depot from which the plaintiff’s barn caught fire, and the court should have sustained the instruction offered by defendant at the close of all the testimony in the nature of a demurrer to the evidence. Gibbs v. Railroad, 104 Mo. App. 276; Wright v. Railroad, 107 Mo. App. 209; 'Peffer v. Railroad, 98 M'o.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. There was not sufficient evidence to establish the fact that fire from defendant’s engine ignited the depot from which the plaintiff’s barn caught fire, and the court should have sustained the instruction offered by defendant at the close of all the testimony in the nature of a demurrer to the evidence. Gibbs v. Railroad, 104 Mo. App. 276; Wright v. Railroad, 107 Mo. App. 209; 'Peffer v. Railroad, 98 M'o. App. 291; Peck v. Railroad, 31 Mo. App. 123; Moor y. Railroad, 28 Mo. App. 622. There was: sufficient evidence to sustain the…
1Opinion of the CourtBland, P. J.
On October 7, 1906, fire originated in defendant’s depot at Bowling Green, Pike county, Missouri, and was communicated to Mrs. McMillan’s' barn and thence to plaintiff’s barn, situated across the street north of the depot. The depot and both barns were entirely consumed by the fire. The action is to recover the value of plaintiff’s barn, the destruction of which is alleged to have been caused by sparks emitted from one of defendant’s engines. Defendant’s railroad runs in a southeasterly direction, through the city of Bowling Green. The depot building was located ten or twelve feet north of…
2Cases cited9 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Gibbs v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
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3Cited by4 opinions
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Foster v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Hudspeth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Markt v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1909