Kenney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. Every prima facie case is founded on a presumption of law made by the court, and never on inference made by the jury as a deduction from other facts.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. Every prima facie case is founded on a presumption of law made by the court, and never on inference made by the jury as a deduction from other facts. Best on Ev., (Cham-berlayne’s Ed.) § 304; Stephen’s Ev., (May’s Ed.) 36 ; State v. Kelly, 73 Mo. 608; Garvin v. Williams, 44 Mo. 465 ; 50 Mo. 206. Admit that the escape of fire from the engine raises a presumption of law that it was negligently permitted to do so, yet it is for the court, and not the for jury, to determine the amount and character of evidence to overcome it, and…
1Opinion of the CourtHenry, J.
This is the third time this case has been here on defendant’s appeal. It is an action to recover damages for property of plaintiff destroyed by fire, which, plaintiff' alleges, was set ont by defendant’s negligence. The pleadings are substantially the same as when the cause was here before, and the facts are not materially different. See 70 Mo. 253.
It appears from the transcript now before us, that at the June term, 1880, of the Caldwell circuit court, an order was made requiring defendant to supply the pleadings in the cause within thirty days of the close of that term, and continuing the…
2Cases cited1 opinion
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by17 opinions
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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