Coale v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
4ájypeal from Buchanan Circuit Court. The prima facie case of negligence could be rebutted by showing that the locomotive doing the damage had the best and most approved machinery in good condition, and was in the care of skilful and prudent men. (37 Mo., 287; 46 Mo., 456 ; 45 Mo., 352.) Evidence of fires caused by defendant at other times and places is inadmissible, unless it be shown that the other fires were set by the engine causing the damages complained of.
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4ájypeal from Buchanan Circuit Court. The prima facie case of negligence could be rebutted by showing that the locomotive doing the damage had the best and most approved machinery in good condition, and was in the care of skilful and prudent men. (37 Mo., 287; 46 Mo., 456 ; 45 Mo., 352.) Evidence of fires caused by defendant at other times and places is inadmissible, unless it be shown that the other fires were set by the engine causing the damages complained of. (4 Md., 242; I. Eedf. Rail., 476.) The defendant having introduced testimony tending to show that all its engines had been for four…
1Opinion of the CourtTories, Judge
This action was brought to recover damages from the defendant for the burning of several stacks of hay and a string of fence, made of posts and planks, alleged to be the property of the plaintiffs, which, it was alleged, was burned by fire escaping from a locomotive used by plaintiff on its railroad.
The defendant, in its answer, does not deny that if is a corporation owning, using and occupying a railroad as is charged in the plaintiffs’ petition; but it denies all other material allegations in the petition.
The case was tried by a jury.
The plaintiffs introduced evidence tending to prove that…
2Cases cited6 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
- Clemens v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1873
- Austin v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Bedford v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Kennon v. GilmerMontana Supreme Court · 1885
20 more not listed; retrieve them via the Exa API.