Bush v. Taylor
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; R. S. Dudley, Judge; 1. If the fire was set out by a Cotton Belt train, that company alone would be responsible. 126 Ark. 236. The evidence is largely conjectural and very unsatisfactory, there being many inconsistencies and contradictions.
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Appeal from Clay Circuit Court, Eastern District; R. S. Dudley, Judge; 1. If the fire was set out by a Cotton Belt train, that company alone would be responsible. 126 Ark. 236. The evidence is largely conjectural and very unsatisfactory, there being many inconsistencies and contradictions. There is no legal evidence that the fire was set "out by a train operated by the receiver and the instructions were error. 2. The train sheets or records of the train dispatcher and the testimony of the assistant superintendent were improperly admitted in evidence. 113 Ark. 417; 115 Id. 339; Jones on Ev. (2…
1Opinion of the CourtWood, J.
This is an action against appellants by the appellee. In December, 1915, B. F. Bush, as receiver of the St. Louis, Iron Mountain & Southern Railway Company, was operating trains over the railroad owned by the St. Louis Southwestern Railway Company, “commonly called the Cotton Belt.” Appellee alleged that in operating such trains the agents and servants of appellant, Bush, communicated fire from one of the locomotives to appellee’s saw mill, shingle mill and planing mill, adjoining the railroad, and thereby totally destroyed appellee’s mill plant together with a large quantity of lumber,…
2Cases cited9 opinions
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Railway Co. v. MurphySupreme Court of Arkansas · 1895
- French v. Virginian Railway Co.Court of Appeals of Virginia · 1917
- Railway Co. v. HendersonSupreme Court of Arkansas · 1893
- St. Louis Southwestern Railway Co. v. MitchellSupreme Court of Arkansas · 1914
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3Cited by5 opinions
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- Adams v. SummersSupreme Court of Arkansas · 1954
- Alexander v. Williams-Echols Dry Goods Co.Supreme Court of Arkansas · 1923
- Western Union Telegraph Co. v. DownsSupreme Court of Arkansas · 1929
- Hudgins Produce Co. v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919