Kerr v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Son. John P. Butler, Judge. (1) The demurrer to the evidence should have been sustained. Before the defendant company can be held liable; it must appear from the evidence that it was operating the road and running the engine that set out the fire. R. S. 1899, sec. 1111. (2) An instruction should not be given if there is no evidence on which to base it. Paddock v. Somes, 102 Mo. 226; Jennings v. Jennings, 48 Mo.
Read the full summary
Appeal from Sullivan Circuit Court. — Son. John P. Butler, Judge. (1) The demurrer to the evidence should have been sustained. Before the defendant company can be held liable; it must appear from the evidence that it was operating the road and running the engine that set out the fire. R. S. 1899, sec. 1111. (2) An instruction should not be given if there is no evidence on which to base it. Paddock v. Somes, 102 Mo. 226; Jennings v. Jennings, 48 Mo. App. 528; Culberson v. Railroad, 50 Mo. App. 556; Wylie v. Waddell, 52 Mo. App. 226; Day v. Railroad, 81 Mo. App. 471; Marr v. Bunker, 92 Mo. App.…
1Opinion of the CourtBroaddus, P. J.
— This suit was brought before a justice of the peace where plaintiff recovered judgment and defendant appealed to the circuit court where plaintiff again recovered and defendant appealed to this court.
The complaint alleges that defendant was the owner and operator of a railroad located through his farm in Penn township, Sullivan county, Missouri; that on *4November 22, 1903, defendant, while engaged in operating an engine and train of cars over said railroad through plaintiff’s land, negligently permitted said engine to emit sparks of fire onto his said land which set fire to and destroyed…
2Cases cited3 opinions
- Decker v. ArmstrongSupreme Court of Missouri · 1885
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- State ex rel. Beckwith v. FinnSupreme Court of Missouri · 1890
3Cited by16 opinions
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- State ex rel. School District Number One v. AndraeSupreme Court of Missouri · 1909
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
- Norris v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
11 more not listed; retrieve them via the Exa API.