Funk v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. There was, in fact, no evidence to show that one of defendant’s engines caused the fire. If the fire is discovered immediately after the passing of an' engine, it has been held presumptive evidence if the fire caught in combustible matter on or near the right of way. That Otis Oo. v. Railroad, 112 Mo. 630. The facts, according to decisions in this State, made a prima facie case for the jury.
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Appeal from Knox Circuit Court. — Son. Charles D. Stewart, Judge. There was, in fact, no evidence to show that one of defendant’s engines caused the fire. If the fire is discovered immediately after the passing of an' engine, it has been held presumptive evidence if the fire caught in combustible matter on or near the right of way. That Otis Oo. v. Railroad, 112 Mo. 630. The facts, according to decisions in this State, made a prima facie case for the jury. Kenny v. Railroad, 70 . Mo. 252; Rebman v. Railroad, 76 Mo. 550; Sappington v. Railroad, 14 Mo. App. 86; Wright v. Railroad, 107 Mo. App.…
1Opinion of the CourtGoode, J.
Plaintiff is the owner of eighty acres of land which is bisected by defendant’s railroad so as to leave forty acres on either side of the railroad. The longest dimension of the tract is north and south and, as we understand, the railroad runs through the center of it on an east and west line. A fire occurred on the south forty acres, which is a meadow. The date of the fire was October 4, 1904. The meadow had been cut July 8th and the tract was in pasture. Plaintiff seeks judgment for damage done to the meadow by burning the grass roots and killing the grass, for the value of some stacked hay…
2Cases cited2 opinions
- Peck v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Peffer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Moose v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915