Wise v. Joplin Railroad
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Hon. Jos. Cravens, Judge. (1) The court erred in submitting to the jury the questions whether the company had used the best engine and machinery and the best appliances to prevent the escape of fire, and had employed skilful .and competent servants. Buffington v. R. R., 64 Mo. .246; Waldhier n.
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Appeal from Jasper Circuit Court.—Hon. Jos. Cravens, Judge. (1) The court erred in submitting to the jury the questions whether the company had used the best engine and machinery and the best appliances to prevent the escape of fire, and had employed skilful .and competent servants. Buffington v. R. R., 64 Mo. .246; Waldhier n. R. R., 71 Mo. 514; Edens v. R. R., 72 Mo. 212; Car son v. Cummings, 69 Mo. 325. (2) Plaintiff; only avers that the fire was negligently suffered to escape from the ash-pan and fire-box, and grounds his right to recover on that statement; yet the court tells the jury…
1Opinion of the Court
Martin, C.
This was an action against a railroad for negligence in permitting fire to escape from its passing trains and burn the property of plaintiff: Suit commenced February 5, 1879. It is alleged in the petition, - That on or about the said second day of November, 1879, defendant, not regarding its duty in that behalf, did, whilst running its cars and locomotive engines upon the track of said railroad, by its servants and agents near by, and through the said tract of land of plaintiff in the state of Missouri and county of Jasper aforesaid, so' neg*182ligently and carelessly manage and control…
2Cases cited7 opinions
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Palmer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Coates v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Knott v. RailroadSupreme Court of North Carolina · 1906
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.