Railway Co. v. Jones
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Edward S. McDaniel, Judge, Action by Jones against the St. Louis & San Erancisco Railway Company to recover damages for burning a meadow.
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Appeal from Washington Circuit Court. Edward S. McDaniel, Judge, Action by Jones against the St. Louis & San Erancisco Railway Company to recover damages for burning a meadow. The facts are stated by the court as follows : The complaint alleges, first, that about the 18th of October, 1891, within a short distance from plaintiff’s farm, the grass became ignited from sparks and cinders from defendant’s engine, and burned five acres of plaintiff’s meadow, to his damage in the sum of $65; second, that, on the 22d day of October, 1891, a passing train, by sparks and cinders from the engine, set…
1Opinion of the CourtHughes, J.
(after stating the facts.) There was no reversible error in the refusal of the court to require the jury to answer questions which the appellant proposed. This was in the sound discretion of the court.
Instruction numbered fourteen, asked by appellant and refused, was substantially covered by instructions one and two for appellee, given by the court, and there was no reversible error in refusing number fourteen.
The court improperly permitted the appellee to state in testifying that he estimated his loss at $10 per acre. This was opinion evidence, without a statement of facts bn which it was…
2Cases cited4 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- L. R., M. R. & T. Ry. v. HaynesSupreme Court of Arkansas · 1886
- Williams v. DickersonSupreme Court of Iowa · 1885
3Cited by16 opinions
- Benton Gravel Company v. WrightSupreme Court of Arkansas · 1943
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Easley v. InglisSupreme Court of Arkansas · 1961
- Gibbs v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
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