Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. National Fire Insurance

Supreme Court of Arkansas

Decided December 24, 1921PublishedCited by 5 opinions

Appeal from Lonoke Circuit Court; George W. Clark, Judge; The evidence was not sufficient to support the verdict. Evidence which is reasonable and consistent cannot be arbitrarily disregarded by the jury. 151 S. W. 288; 96 Ark. 37. The evidence was amply sufficient to support the verdict. 77 Ark. 436.

1Opinion of the CourtMcCulloch, C. J.

This is an action against appellant railroad corporation to recover damages under the statute which makes such corporation liable for injury to property caused by fire communicated from a locomotive. Crawford & Moses’ Digest, § 8569.

The claim is based on the destruction by fire of a hay barn situated near appellant’s track in the town of Lonoke.

The only question raised on this appeal is as to the legal sufficiency of the evidence.

The building was constructed of galvanized iron— roof and walls — resting on a concrete foundation, and was situated about 90 feet from the north side of the track,…

2Cases cited2 opinions

  1. Railway Co. v. DoddSupreme Court of Arkansas · 1894
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906

3Cited by5 opinions

  1. Missouri Pacific Railroad Co. v. FowlerSupreme Court of Arkansas · 1931
  2. Missouri Pacific Railroad v. JohnsonSupreme Court of Arkansas · 1939
  3. Missouri Pac. R.R., Thompson v. CampbellSupreme Court of Arkansas · 1944
  4. Lowden v. Shoffner Mercantile Co.Court of Appeals for the Eighth Circuit · 1940
  5. Missouri Pacific R.R. Co., Thompson v. WellsSupreme Court of Arkansas · 1941

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