Russell v. Reagan
Missouri Court of Appeals
Appeal from, the Graioford Circuit Court. — How. C. C. Bland, Judge. The verdict was wholly unsupported by evidence.' There was no testimony that the fire set by defendant caused the damage, and for that reason the judgment should be reversed. Spooner v. Railroad, 23 Mo. App. 403; Brewery Co. v. Bodemann, 12 Mo. App. 573 ; O'Donnell v. Railroad, 7 Mo. App. 190. The court erred in giving the instruction given for plaintiff.
Read the full summary
Appeal from, the Graioford Circuit Court. — How. C. C. Bland, Judge. The verdict was wholly unsupported by evidence.' There was no testimony that the fire set by defendant caused the damage, and for that reason the judgment should be reversed. Spooner v. Railroad, 23 Mo. App. 403; Brewery Co. v. Bodemann, 12 Mo. App. 573 ; O'Donnell v. Railroad, 7 Mo. App. 190. The court erred in giving the instruction given for plaintiff. The statute is as follows: “If any person shall wilfully set on fire any woods, marshes or prairies, whether his own or not, so as thereby to occasion any damage to any…
1Opinion of the CourtBiggs, J.
This is an action for damages brought by plaintiff against defendant under section 2129, Revised Statutes, charging that defendant wilfully set fire to certain woods in Crawford county, and that the fire so set by defendant escaped on to the lands of plaintiff and burned up some of the fence around his enclosure, thereby leaving his growing crops exposed, and that on account of the burning of the fence, cattle and other stock came upon plaintiff’s premises, and destroyed and damaged his crops, etc.
There was a trial by jury which resulted in a verdict for plaintiff of twenty-five dollars and…
2Cases cited5 opinions
- Finley ex rel. Boone County v. LangstonSupreme Court of Missouri · 1848
- Schooling v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kahle v. HobeinMissouri Court of Appeals · 1888
- Foster v. FosterSupreme Court of Missouri · 1883
- Hacker v. BrownSupreme Court of Missouri · 1883
3Cited by2 opinions
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
- Belk v. StewartMissouri Court of Appeals · 1912