Brooks v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — No». N. G. Timmonds, Judge. (1) There was no substantial evidence that a freight train passed along defendant’s track by plaintiff’s barn. (2) There was no evidence either proving or tending to prove, that the freight train which it is claimed passed, was operated by defendant. There is an entire failure of proof upon this subject.
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Appeal from Vernon Circuit Court. — No». N. G. Timmonds, Judge. (1) There was no substantial evidence that a freight train passed along defendant’s track by plaintiff’s barn. (2) There was no evidence either proving or tending to prove, that the freight train which it is claimed passed, was operated by defendant. There is an entire failure of proof upon this subject. If one was run upon defendant’s track, it was contrary to orders, without the knowledge or consent of the train dis-. patcher, and hence the presumption obtains, that no such train of defendant passed over the road. The…
1Opinion of the CourtBroaddus, J.
This is a suit to recover the value of certain personal property which was destroyed by fire alleged to have been communicated to a barn by an engine operated by defendant on its railroad, said personal property being in the barn at the time of said fire. The plaintiff was a tenant and did not own the fee to the premises on which said barn was situated. A part of the property belonged to another and the plaintiff sues not only for the loss of his own property, but also as the assignee of said other person.
The fire occurred on the 24th day of June, 1901, at about 11:30 o’clock p. m. A diagram…
2Cases cited3 opinions
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Peck v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Torpey v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
3Cited by6 opinions
- Knight v. Associated Transport, Inc.Supreme Court of North Carolina · 1961
- Anderson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1963
- Flood v. Belfast & Moosehead Lake RailroadSupreme Judicial Court of Maine · 1961
- Klusman v. HarperMissouri Court of Appeals · 1927
- Flood v. BELFAST AND MOOSEHEAD LAKE RAILROAD CO.Supreme Judicial Court of Maine · 1961
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