St. Joseph Folding Bed Co. v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The character, condition and value of plaintiff’s saw mill building, its machinery, and its lumber, as well as the question as to the danger from sparks escaping from the Decker mill, were fully inquired into by both plaintiff and defendant during the progress of the trial.
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Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The character, condition and value of plaintiff’s saw mill building, its machinery, and its lumber, as well as the question as to the danger from sparks escaping from the Decker mill, were fully inquired into by both plaintiff and defendant during the progress of the trial. Defendant’s alleged newly discovered evidence bears upon these questions alone, and is therefore wholly cumulative, contradictory and impeaching in its tendency. State v. Miller, 144 Mo. 26; State v. Stewart, 127 Mo. 290; State v. Nickens, 122 Mo. 607;…
1Opinion of the CourtBurgess, J.
This is an action for damages alleged to have been sustained by plaintiff by reason of the negligent management of one of defendant’s engines by its servants, in consequence of which sparks of fire were emitted therefrom, and communicated to plaintiff’s property, thereby consuming it, to its damage in the sum of $23,421.99.
The case was tried by the court and jury.
The fire occurred on or about the twenty-seventh day of Eebruary, 1895. At that time and prior thereto plaintiff was operating a saw mill and furniture factory in the town of Black Rock, Arkansas. The mill was constructed close to a.…
2Cases cited11 opinions
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Culbertson v. HillSupreme Court of Missouri · 1885
- State v. StumboSupreme Court of Missouri · 1858
- State v. RockettSupreme Court of Missouri · 1885
- Miller v. WhitsonSupreme Court of Missouri · 1867
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3Cited by3 opinions
- Arnold v. May Department Stores Co.Supreme Court of Missouri · 1935
- Shalit v. ShalitSupreme Judicial Court of Maine · 1927
- Schmitt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901