Conner v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Ho». W. W. Graves, Judge. (1) Where the evidence tends to show that an accident occurred in any one of two or more ways, one of which renders defendant liable and the others do not, the burden of proof is upon the plaintiff to show that it occurred in the manner which renders defendant liable.
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Appeal from Henry Circuit Court. — Ho». W. W. Graves, Judge. (1) Where the evidence tends to show that an accident occurred in any one of two or more ways, one of which renders defendant liable and the others do not, the burden of proof is upon the plaintiff to show that it occurred in the manner which renders defendant liable. If the court or jury find from the evidence that the accident could have reasonably been produced in either way, then it devolves upon the plaintiff, especially where the burden of proof is upon him, to show to a reasonable degree of certainty that it did not occur in…
1Opinion of the CourtFox, J.
This appeal is brought here from the Henry county circuit court.
‘ ‘ The petition substantially charges that defendant, at about 3:30 in the afternoon of September 6,1899, was operating a freight train attached to locomotive engine No. 751, traveling .east through the town of Holden in Johnson county, Missouri; that'fire escaped from said locomotive and burned plaintiff’s mill and the contents thereof, of the value of $28,000, for which he asks judgment.
“The defendant’s amended,answer contains (1) a general denial. (2) That plaintiff was not the absolute owner of the property, but that others…
2Cases cited9 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- McFern v. GardnerMissouri Court of Appeals · 1906
27 more not listed; retrieve them via the Exa API.