Bates County Bank v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Bates Circuit Court . — Hon. W. W. Graves, Judge. (1) There is an entire .failure of proof, to the effect that defendant’s locomotive which passed about 11:30 on July 11, 1900, emitted at that time any smoke, sparks or fire. (2) There is not a syllable of evidence to the effect that said locomotive was defective, or that at any time or on any occasion, in passing from Nyhart to said road crossing, it emitted any sparks or fire.
Read the full summary
Appeal from Bates Circuit Court . — Hon. W. W. Graves, Judge. (1) There is an entire .failure of proof, to the effect that defendant’s locomotive which passed about 11:30 on July 11, 1900, emitted at that time any smoke, sparks or fire. (2) There is not a syllable of evidence to the effect that said locomotive was defective, or that at any time or on any occasion, in passing from Nyhart to said road crossing, it emitted any sparks or fire. (3) The evidence shows it was slightly np grade from Nyhart to said crossing a portion of the way, but it nowhere shows that on the day of the fire or at…
1Opinion of the CourtBroaddus, J.
The plaintiff sues for the value of a quantity of hay alleged to have been destroyed on the 12th day of July, 1900, by fire set out by one of defendant’s engines while being operated on its line of railroad. The finding was for the plaintiff. The only question raised by the defendant is that the plaintiff failed to make a case.
It was shown that defendant’s track passed east and west through a station named Nyhart on to the town of Butler, and within one hundred and fifty feet of plaintiff’s ricks of hay; that 'south of defendant’s *333right of way there was a green hedge fence about fifteen feet…
2Cases cited3 opinions
- Moore v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Glick v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- Peck v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
3Cited by8 opinions
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Russell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Link v. HathwayMissouri Court of Appeals · 1910
- Butcher v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.