Fields v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes Judge. The petition sufficiently charges ownership of the road by defendant and of the property destroyed as that of plaintiff. Bondurant v. Ins. Co., 73 Mo. App. 477. As to the proof, take John H. Fields’ evidence. He locates his farm and the Wabash railroad track.
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes Judge. The petition sufficiently charges ownership of the road by defendant and of the property destroyed as that of plaintiff. Bondurant v. Ins. Co., 73 Mo. App. 477. As to the proof, take John H. Fields’ evidence. He locates his farm and the Wabash railroad track. That he saw a train drawn by a locomotive emitting smoke pass along said track when it passed through his farm and the fire immediately followed the passing train which destroyed his property. This made a grima facie ease for the plaintiff. In a case where proof of…
1Opinion of the CourtBiggs, J.
This is an action for damages for the destruction by fire of several stacks of hay, a meadow, a clover field, some fences, etc., on a farm claimed by the plaintiff. There was two fires, one in November, 1897, and the other in February, 1898. There were two counts in the petition. In the first it was averred that plaintiff was the owner of the farm; “that the railroad of defendant runs * * * through *605the farm; that on the 17th day of November, 1897, a certain engine and train of cars were drawn over defendant’s said road at the point where said road runs through the premises of plaintiff; that…
2Cases cited10 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State v. BranstetterSupreme Court of Missouri · 1877
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
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3Cited by4 opinions
- M & a Electric Power Cooperative v. TrueMissouri Court of Appeals · 1972
- Finer v. NicholsMissouri Court of Appeals · 1913
- Smith v. GreerMissouri Court of Appeals · 1924
- Link v. PrufrockMissouri Court of Appeals · 1900