St. Louis & San Francisco Railway Co. v. Black
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The evidence is insufficient to sustain the finding that defendant set out the fire. The cause of action arose in the State of Oklahoma and the laws of that State govern as to liability, if any. 113 Ark. 265; 64 Id. 291. Review the evidence and contend that the greatest probation force of the proof is to show a mere possibility that the cotton was set on fire by defendant’s train.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The evidence is insufficient to sustain the finding that defendant set out the fire. The cause of action arose in the State of Oklahoma and the laws of that State govern as to liability, if any. 113 Ark. 265; 64 Id. 291. Review the evidence and contend that the greatest probation force of the proof is to show a mere possibility that the cotton was set on fire by defendant’s train. This is dearly insufficient. 16 S. E. 958; 112 N. W. 1121; 153 Pac. 872; 174 Id. 510 ; 28 Mo. App. 622; 20 Pac. 664; 42 N. E. 818. 2.…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against appellant in the circuit court of Sebastian County to recover the value of thirty-three bales of cotton destroyed by fire alleged to have been communicated by sparks from one of appellant’s locomotives while the cotton was situated on a platform near the railroad at the station of Cameron, State of Oklahoma. There was recovery in the trial below for the full value of the cotton as alleged and proved.
Appellee based his right to recover on a statute of Oklahoma which reads as follows:
“Any railroad company operating any line in this State shall be liable…
2Cases cited17 opinions
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
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3Cited by2 opinions
- Greene v. StateSupreme Court of Arkansas · 1998
- Greene v. StateSupreme Court of Arkansas · 1998