Coates v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Jlppeal from Henry County Circuit Court. I. Instruction No. 6 for plaintiff states an abstract proposition of law not sufficiently connected with the testimony. (Devitt vs. Pac. R. R., 50 Mo., 3J)2.) Dor does it permit the jury to determine bow far plaintiff’s negligence contributed to the damage. It seems to tell the jury that plaintiff “contributed remotely.”
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Jlppeal from Henry County Circuit Court. I. Instruction No. 6 for plaintiff states an abstract proposition of law not sufficiently connected with the testimony. (Devitt vs. Pac. R. R., 50 Mo., 3J)2.) Dor does it permit the jury to determine bow far plaintiff’s negligence contributed to the damage. It seems to tell the jury that plaintiff “contributed remotely.” (Turner vs. Loier, 34 Mo., 461; Merritt vs. Given, 34 Mo., 98; Ham vs. Barrett, 28 Mo., 388; Rose vs. Spies, 44 Mo., 22.) Plaintiff negligently allowed dry shavings to accumulate in an-exposed position near bis bouse, and whether Iris…
1Opinion of the CourtNapton, Judge
This action was to recover damages for the burning down of a building in tbe town of Ladue, by tbe escape of fire from one of the locomotives of defendant. The basis of tbe action was negligence and unskillfulness on tbe part of the employees of the company, in setting fire to the dead grass near the house. The house was a one story frame building, not entirely finished, situated about one hundred feet from the track. It was about twelve o’clock in the day when the fire occurred, and the wind was very high and blowing from the track' towards the town. The grass near the track was dry (it was…
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- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- McCullen v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1900
- Patton v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1885
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
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