Jones v. Chicago, Milwaukee & St. Paul Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Ron. Fred Lamb, Judge. (1) The court erred in refusing defendant’s instruction “0,” directing a verdict for defendant, as there is no evidence whatever in this case that a single spark was emitted from an engine on defendant’s railway. Manning v. Railway, 137 App. 635; Campbell v. Railway, 125 Mo, 349; Fitz v. Railway, 243 Mo. 76; Gtibbs v. Railway, 104 Mo. App. 276; Peck v. Railway, 31 Mo.
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Appeal from Sullivan Circuit Court. — Ron. Fred Lamb, Judge. (1) The court erred in refusing defendant’s instruction “0,” directing a verdict for defendant, as there is no evidence whatever in this case that a single spark was emitted from an engine on defendant’s railway. Manning v. Railway, 137 App. 635; Campbell v. Railway, 125 Mo, 349; Fitz v. Railway, 243 Mo. 76; Gtibbs v. Railway, 104 Mo. App. 276; Peck v. Railway, 31 Mo. App. 123. (2) The damage, if any, to the fruit trees, shade and ornamental trees was to the inheritance (Jones’ farm), and the damage to grass roots, if any, was the…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is for damages for destruction by fire of fruit trees, roots of meadow and blue grass, as well as hay in the stack, a large quantity of apples, fence posts and pasture. The petition is in four counts and a verdict for plaintiff was rendered on each.
Defendant insists that there was no evidence to show that the fire started from fire thrown from its passing engines. Defendant’s road runs through a part of plaintiff’s farm. There were two fires. Each *9was discovered shortly after a train had passed, and while no one saw sparks thrown from the engine, we think sufficient…
2Cases cited10 opinions
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Doty v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1909
- White v. StonerMissouri Court of Appeals · 1885
- Knight Bros. v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1906
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3Cited by4 opinions
- Wichita County Water Improvement Dist. No. 1 v. PearceCourt of Appeals of Texas · 1933
- Barnes v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1926
- Butcher v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1931
- Alcorn v. St. Louis & Hannibal RailroadMissouri Court of Appeals · 1926