Illinois Central Railroad v. Thomas
Mississippi Supreme Court
Appeal from the circuit court of Copiah county. Hon. D. M. Miller, Judge. Suit by J. J. Thomas against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Copiah county. Hon. D. M. Miller, Judge. Suit by J. J. Thomas against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The instruction referred to in the opinion of the court, and which was the only instruction given for the appellee, is as follows: “The court instructs the jury, for the plaintiff, that if you believe from all the facts and circnmstances offered in evidence in this case that the fire in question was set out by sparks negligently allowed to escape from defendant’s train and locomotive, and that the fire…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment rendered in the court below for damages sustained by appellee while endeavoring to extinguish a fire alleged to, and found by the jury to, have been set out by one of appellant’s trains. Appellee was the owner of a small tract of land adjoining appellant’s right of way on which was situated two brick kilns, several dry sheds, and an *547•office building, all of which was his (appellee’s) property. The land north of these dry sheds adjoining appellant’s right of way was covered with tall, dry grass. No 'grass seems to have been on the right of way. On the…
2Cases cited4 opinions
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Cumberland Telephone & Telegraph Co. v. WoodhamMississippi Supreme Court · 1910
- Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
- Yazoo & Mississippi Valley Railroad v. SmithMississippi Supreme Court · 1912
3Cited by11 opinions
- Kurn v. FondrenMississippi Supreme Court · 1940
- Tri-State Transit Co. v. MartinMississippi Supreme Court · 1938
- Louisville & N. R. v. DanielsMississippi Supreme Court · 1924
- Superior Oil Co. v. RichmondMississippi Supreme Court · 1935
- Gulfport & Mississippi Coast Traction Co. v. HicksMississippi Supreme Court · 1917
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