Tilley v. St. L. & San Francisco Ry. Co.
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. R. B. Rutherford, Judge. 1. Fire having been caused by sparks escaping from ah engine, whereby property is destroyed, the burden is on the railroad company to show want of negligence. Mansf. Dig., sec. 5537! 33 Ark., 816; 3 C. B. Rep., 229; 28 III., 9; 38 id., 393; 56'id., 30; 86 id., ‡‡‡; 33 Mo., 366; 60 id., 227; 61 id., 38; 1 Thomp. Neg., 133; 30 Am.
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APPEAL from Sebastian Circuit Court. R. B. Rutherford, Judge. 1. Fire having been caused by sparks escaping from ah engine, whereby property is destroyed, the burden is on the railroad company to show want of negligence. Mansf. Dig., sec. 5537! 33 Ark., 816; 3 C. B. Rep., 229; 28 III., 9; 38 id., 393; 56'id., 30; 86 id., ‡‡‡; 33 Mo., 366; 60 id., 227; 61 id., 38; 1 Thomp. Neg., 133; 30 Am. Dec., 71, note. 2. If fire is discovered by the side of the track shortly after ati engine has passed, it may be presumed that it originated from sparks from the engine. 1 Thomp. Neg., 134; 7 Heisk., ‡31;…
1Opinion of the CourtSmith, J.
This was an action for damages against the railway company for burning the plaintiff's grass and peas. The complaint alleged that .the defendant had negligently suffered its right of way to grow up with weeds and grass ; that one of its engines had emitted sparks, coals of fire and cinders, which had set fire to the weeds and grass along the right of way and the fire had spread to the adjoining land of the plaintiff and consumed his crop.
The answer denied specifically all the allegations of the complaint. A trial was had, resulting in a verdict for the defendant. The plaintiff asked for a new…
2Cases cited9 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Coale v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
- Wabash Railroad v. MillerIndiana Court of Appeals · 1897
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.