St. Louis, Iron Mountain & Southern Railway Co. v. Faisst
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. The burden of proof is upon plaintiff to show negligence. 2 Shear. & R. Neg. § 676; 49 Ark. 535; 33 Ark. 816; 59 Ark. 112; 30 Wis. 55; 75 Vt. 499; 54 Pa. St. 345; 52 Pa. St. 379; 43 S. W. 431; 37 S. W. 779. It was a sufficient defense to show that the spark arresters were in good order. 29 S. W. 860; 31 S. W. 319; 3 Elliott, Railroads § 1245; 29 S. W. 860; 91 Wis. 447; Wood, Ry.
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Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. The burden of proof is upon plaintiff to show negligence. 2 Shear. & R. Neg. § 676; 49 Ark. 535; 33 Ark. 816; 59 Ark. 112; 30 Wis. 55; 75 Vt. 499; 54 Pa. St. 345; 52 Pa. St. 379; 43 S. W. 431; 37 S. W. 779. It was a sufficient defense to show that the spark arresters were in good order. 29 S. W. 860; 31 S. W. 319; 3 Elliott, Railroads § 1245; 29 S. W. 860; 91 Wis. 447; Wood, Ry. Law, 1576-1581. The defense was complete, in the absence of proof contradicting it. 60 Fed. Rep. 39. The fire was not the result of negligence. 141 Ind.…
1Opinion of the CourtWood, J.
This suit was brought by B. Faisst & Co., a firm composed of B. Faisst and others, to recover damages for the burning of a mill and other property, alleged to have been negligently caused by sparks from an engine of the railway company. There was a judgment in favor of plaintiff for $17,622.25, from which this appeal was taken.
On the trial witness Ulmer testified, among other things, “that he saw the passenger train go north, and that it was throwing fire, as they usually do, and it was all going over towards the mill. The air was carrying it from the track towards the mill. The train was…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- State v. SteinSupreme Court of Missouri · 1883
- Handy v. CanningMassachusetts Supreme Judicial Court · 1896
- O'Riley v. ClampetSupreme Court of Minnesota · 1893
3Cited by6 opinions
- Drumheller v. American Surety Co. of New YorkWashington Supreme Court · 1902
- McCray v. StateSupreme Court of Arkansas · 1973
- Moon v. StateSupreme Court of Arkansas · 1923
- Chicago City Railway Co. v. MatthiesonAppellate Court of Illinois · 1904
- Jones v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
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