St. Louis Southwestern Railway Co. v. Trotter
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Frederick D. Fulkerson, Judge on Exchange of Circuits; A railway company is not liable for fire caused by sparks from its engine, unless such engine is negligently operated. 33 Ark. 816; 59 Id. 105; 76 Id. 132; 77 Id. 434.; 78 Id. 234; 81 Id. 368. A railway company is not required to prevent altogether the escape of sparks from its engine. It is only required to use reasonable care by using approved appliances for that purpose. 39 Am. & Eng.
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Appeal from Monroe Circuit Court; Frederick D. Fulkerson, Judge on Exchange of Circuits; A railway company is not liable for fire caused by sparks from its engine, unless such engine is negligently operated. 33 Ark. 816; 59 Id. 105; 76 Id. 132; 77 Id. 434.; 78 Id. 234; 81 Id. 368. A railway company is not required to prevent altogether the escape of sparks from its engine. It is only required to use reasonable care by using approved appliances for that purpose. 39 Am. & Eng. R. Cas. (N. S.) 494; 28 Id. 50; 36 N. E. 414; 42 Id. 818; 15 Am. & Eng. R. Cas. 531; 13 Id. 476; Id. 479 and notes; 41…
1Opinion of the CourtBattue, J.
On the 29th day of March, 1907, Trotter & Minnis instituted an action in the Monroe Circuit Court against the St. Louis Southwestern Railway Company, alleging in their complaint that they were the owners of a barn in the town of Roe, near the railway of defendant, in which there were 167 tons of hay, the property of plaintiffs and of the value of $1050, and that the defendant’s employees on that day so negligently and carelessly operated the engine of one of its freight trains as to emit sparks of fire, which were blown to and came in contact with the hay and barn and destroyed them, to their…
2Cases cited4 opinions
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- Tilley v. St. L. & San Francisco Ry. Co.Supreme Court of Arkansas · 1887
3Cited by9 opinions
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- The Western Union Telegraph Co. v. Byrd, Adm'x.Supreme Court of Arkansas · 1938
- Paxton v. StateSupreme Court of Arkansas · 1914
- Central Arkansas & Eastern Railway Co. v. GoelzerSupreme Court of Arkansas · 1909
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