Erhart v. Wabash Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The court erred in admitting evidence as to how far engines of the defendant had thrown sparks upon other occasions without limiting the inquiry to the same class of engines that were in use upon the tracks of the defendant near the poultry house just prior to the fire on the 16th of September, 1907, and without limiting the inquiries to the same conditions of use as those of the operations of the engines at…
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Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The court erred in admitting evidence as to how far engines of the defendant had thrown sparks upon other occasions without limiting the inquiry to the same class of engines that were in use upon the tracks of the defendant near the poultry house just prior to the fire on the 16th of September, 1907, and without limiting the inquiries to the same conditions of use as those of the operations of the engines at the time and place aforesaid. (2) The court erred in permitting plaintiff’s counsel to cross-examine defendant’s…
1Opinion of the CourtBeoaddus, P. J.
This action is to recover damages for the burning of plaintiff’s houses, furniture and trees on her premises. The trial resulted in a judgment for plaintiff in the sum of $1,600, from which defendant appealed. The appellant’s first contention is that under the pleadings and testimony the plaintiff did not make out a case for recovery.
The fire occurred on the 16th day of September, 1907, in Centralia at about the hour of noon. The fire was communicated to plaintiff’s house from sparks from a burning building near the tracks of the defendant’s railroad, which plaintiff claims was set afire by…
2Cases cited5 opinions
- Michael v. City of St. LouisSupreme Court of Missouri · 1892
- Gibbs v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- Kansas City Suburban Belt Railroad v. NorcrossSupreme Court of Missouri · 1897
- Bank of Aurora v. LinzeeSupreme Court of Missouri · 1902
- Turner v. WilliamsSupreme Court of Missouri · 1882
3Cited by7 opinions
- Hayes v. JenkinsMissouri Court of Appeals · 1960
- Swift & Co. v. Wabash RailroadMissouri Court of Appeals · 1910
- Hibbs v. Jeep Corp.Missouri Court of Appeals · 1984
- Landau v. Fred Schmitt Contracting Co.Missouri Court of Appeals · 1944
- Butcher v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1931
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