Catron v. Nichols
Supreme Court of Missouri
Appeal from Lafayette Circuit Court.—IIon. J. P. Strotiier, Judge, The court erred in giving the fourth instruction for defendant. The burden of proof was on plaintiff to show that his property was destroyed by reason of the fire, but the defendant was bound to assume the burden of proof that the act of firing was prudent.
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Appeal from Lafayette Circuit Court.—IIon. J. P. Strotiier, Judge, The court erred in giving the fourth instruction for defendant. The burden of proof was on plaintiff to show that his property was destroyed by reason of the fire, but the defendant was bound to assume the burden of proof that the act of firing was prudent. Kenney v. Railroad Go., 70 Mo. 246; Smith v. Railroad Co., 37 Mo. 287; Fitch v. Railroad Co., 45 Mo. 327; 1 Thompson on Neg., p. 25, last paragraph; Turberville v. Stamps, 1 Salkeld 13; Hanlon v. Ingram, 3 Iowa. 82. It was lawful for the respondent to burn the stubb.e and…
1Opinion of the CourtHough, C. J.
The defendant set out a fire in his stubble-field, for purposes of husbandry, which spread through the high grass of a marsh, which was in the corner of his field, to an adjoining field, belonging to the plaintiff', and consumed his fence and a quantity of hay. The plaintiff brings this suit to recover damages for said injury, alleging that the defendant, willfully, negligently and carelessly, set out said fire. There is testimony tending to show that the wind was high when the fire was set out, that it was blowing in the direction of plaintiff’s farm; that there had been no rain for six…
2Cases cited2 opinions
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Miller v. MartinSupreme Court of Missouri · 1852
3Cited by12 opinions
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- Little v. Lynn & Marblehead Real Estate Co.Massachusetts Supreme Judicial Court · 1938
- City of Denver v. PorterCourt of Appeals for the Eighth Circuit · 1903
- Weis-Patterson Lumber Co. v. KingSupreme Court of Florida · 1937
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