Gibbs v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Roto. L., B. Woodside, Judge. The demurrer to plaintiff’s evidence should have been sustained for two reasons — the first, there was no evidence that, the fire was communicated by one of defendant’s engines, nor any facts from which such an inference might properly be drawn; the second, his own evidence showed as strong, if not a stronger probability that the fire started from sparks escaping from a “King heater,” through a defective…
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Appeal from Crawford Circuit Court. — Roto. L., B. Woodside, Judge. The demurrer to plaintiff’s evidence should have been sustained for two reasons — the first, there was no evidence that, the fire was communicated by one of defendant’s engines, nor any facts from which such an inference might properly be drawn; the second, his own evidence showed as strong, if not a stronger probability that the fire started from sparks escaping from a “King heater,” through a defective flue, and caught in the paper pasted to the studding and rafters in the upper story of the building, or to other…
1Opinion of the CourtGoode, J.
Plaintiffs testator sued to recover damages for the burning of his house and furniture by a fire alleged to have been ignited by sparks emitted by one of defendant’s locomotives. The cause stands now revived in the name of the plaintiff as executrix of her father’s estate, he having died since it was instituted. The destroyed house was in the town of Leasburg, on . the line of the defendant’s railway and stood about fifty feet from the railway track, which, at that point, runs northeast and southwest. The house faced the track and was a story and a half structure, with a porch in front and…
2Cases cited13 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Dunning v. Maine Central RailroadSupreme Judicial Court of Maine · 1897
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Erhart v. Wabash RailroadMissouri Court of Appeals · 1909
- Taylor v. LuskMissouri Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.