Manning v. Cape Girardeau & Chester Railway Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. Defendants’ evidence, tending to show that the flue was the true cause of the fire, made it necessary 'for plaintiff’s circumstantial proof to be of the very strongest character. Peck y. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 292; Brooks v. Railroad, 98 Mo. App. 106; Torpey v. Railroad, 64 Mo. App. 382; Gibbs v. Railroad, 104 M'o. App. 276; Bank v. Railroad, .98 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. Defendants’ evidence, tending to show that the flue was the true cause of the fire, made it necessary 'for plaintiff’s circumstantial proof to be of the very strongest character. Peck y. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 292; Brooks v. Railroad, 98 Mo. App. 106; Torpey v. Railroad, 64 Mo. App. 382; Gibbs v. Railroad, 104 M'o. App. 276; Bank v. Railroad, .98 Mo. App. 336; Wright v. Railroad, 107 Mo. App. 212; Big Riv. Ld. Go. v. Railroad, 101 S. W. 638. The plaintiff’s evidence wholly failed to…
1Opinion of the CourtGoode, J.
(after stating the facts). — There is failure of proof in one respect which the authorities preclude us from treating as immaterial. It will be noticed that though some of the witnesses saw sparks fly from the engine as it left the depot and passed up the ascending grade, they did not testify directly to seeing them as the engine went by the house, where the track was level. This circumstance is important, but less so than the one to be immediately stated. No evidence, was introduced to prove the possibility of the fire being ignited by sparks or coals thrown off by defendant’s engine at the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
3Cited by7 opinions
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Taylor v. LuskMissouri Court of Appeals · 1916
- Markt v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1909
- Waddell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Moose v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915
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