Clark v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; George B. liaynie, Judge; 1. The railway company and receiver were liable, without proof of negligence, for damages by .fire, whether it originated from the operation of trains, or was caused by servants in the line of their employment whether from acts of. commission or omission.
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Appeal from Clark Circuit Court; George B. liaynie, Judge; 1. The railway company and receiver were liable, without proof of negligence, for damages by .fire, whether it originated from the operation of trains, or was caused by servants in the line of their employment whether from acts of. commission or omission. Acts 1907, p. 336; 120 Ark. 595, 600. 2. The court erred in not giving appellants’ first instruction as requested and in inserting the word “negligently.” 115 N. Y. 579, 5 L. R. A. 591; 112 Ark. 298, 300. 3. The court erred in refusing to give appellants’ second instruction and in…
1Opinion of the CourtWood, J.
Appellant instituted this suit against the appellees to recover for damages to his property, alleging, among other things, “that on September 21, 1916, the servants and employees of the defendants carelessly and negligently kindled a fire on the right-of-way of said railway company, and from said fire so carelessly and negligently kindled, the same was negligently allowed to spread and burn and totally consume plaintiff’s said property; that if said fire did not spread from the right-of-way as above alleged, it was carelessly and negligently allowed to be kindled from sparks from one of…
2Cases cited6 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Griswold v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Osgood v. Central Vermont Railway Co.Supreme Court of Vermont · 1905
- Missouri Pacific Railway Co. v. MerrillSupreme Court of Kansas · 1888
- Kansas City Southern Railway Co. v. ThomasSupreme Court of Arkansas · 1911
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3Cited by7 opinions
- Missouri Pacific Railroad Co. v. FowlerSupreme Court of Arkansas · 1931
- Kansas City Southern Railway Co. v. CecilSupreme Court of Arkansas · 1926
- Jonesboro Compress Co. v. HallSupreme Court of Arkansas · 1929
- Lowden v. Shoffner Mercantile Co.Court of Appeals for the Eighth Circuit · 1940
- Kansas City Southern Ry. Co. v. New England Fire Ins.Court of Appeals for the Eighth Circuit · 1943
2 more not listed; retrieve them via the Exa API.