Toledo, St. L. & W. R. R. v. Star Flouring Mills Co.
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United States for the Northern District of Ohio. This was an action brought by the defendant in error against the plaintiff in error to recover damages for the destruction by fire of the plaintiff’s flouring mill and contents at Venedoeia, Ohio.
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Error to the Circuit Court of the United States for the Northern District of Ohio. This was an action brought by the defendant in error against the plaintiff in error to recover damages for the destruction by fire of the plaintiff’s flouring mill and contents at Venedoeia, Ohio. The petition is drawn under section 3365-6 Rev. St. Ohio 1906, and alleges that the fire which destroyed the mill was caused by sparks emitted by a locomotive drawing a train of freight cars on defendant’s railway. The answer was a general denial, coupled with special averments that the locomotive in question was…
1Judgment of the CourtLurton, Circuit Judge
In respect of the error assigned upon the refusal of the court to instruct a verdict for the plaintiff in error, it is only necessary to say that a careful examination of, the record convinces us that there was material evidence upon which the jury might find as they did; that the fire which consumed plaintiff’s mill was started by sparks emitted from a locomotive in operation upon the defendant’s railway. Under the Ohio statute, -which will be later considered, the effect of proof that the fire was started by sparks from a passing engine was to make that fact prima facie evidence that the…
2Cases cited21 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Stewart v. LansingSupreme Court of the United States · 1882
- Smith v. Sac CountySupreme Court of the United States · 1871
- Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888
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3Cited by11 opinions
- Tresise v. AshdownOhio Supreme Court · 1928
- Nashville Railway & Light Co. v. OwenCourt of Appeals of Tennessee · 1929
- Erie R. v. SchomerCourt of Appeals for the Sixth Circuit · 1909
- Harriman & Northeastern Railroad v. McCarttCourt of Appeals of Tennessee · 1932
- Shankweiler v. Baltimore & O. R.Court of Appeals for the Sixth Circuit · 1906
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