Union Seed & Fertilizer Co. v. St. Louis, Iron Mountain & Southern Ry. Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Paul Little, Judge; Testimony that persons loading linters about 4 o ’clock in the .afternoon of the day before the fire were smoking in the lint room, was not competent; it was too remote. - The court erred in giving instruction No. 7 for defendant .and in refusing No. 3 for plaintiff. 28 So. 438; 56 N. E. 769 ; 24 S. W. 591; 104 111. App. 615; 51 Fed. 658; 22 So. 897; 44 Am. 337; 40 Id. 734 ; 44 S. W. 802; 55 N. W. 717; 104 Ark. 88; 105…
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Appeal from Sebastian Circuit Court; Paul Little, Judge; Testimony that persons loading linters about 4 o ’clock in the .afternoon of the day before the fire were smoking in the lint room, was not competent; it was too remote. - The court erred in giving instruction No. 7 for defendant .and in refusing No. 3 for plaintiff. 28 So. 438; 56 N. E. 769 ; 24 S. W. 591; 104 111. App. 615; 51 Fed. 658; 22 So. 897; 44 Am. 337; 40 Id. 734 ; 44 S. W. 802; 55 N. W. 717; 104 Ark. 88; 105 Id. 379; 63 Ark. 177, 563; 67 Id. 147; 69 Id. 489; 72 Id. 440 ; 74 Id. 19; 78 Id. 553; 88 Id. 26; 70 Id. 441; 76 Id.…
1Opinion of the CourtSmith, J.
The insurance company which is one of the appellants herein, paid a loss sustained under a fire insurance policy written by it in favor of the Union Seed & Fertilizer Company, which last named company transferred .and assigned 'all its right and interest in and to the cause of action here sued pn, arising out of the alleged act of the appellee railroad company in setting out the fire which occasioned the loss. Suits were brought by both the fertilizer company and by the insurance company, but these suits were consolidated at the trial below. The proof tended to show that the fertilizer…
2Cases cited2 opinions
- Cairo, Trumann & Southern Railroad v. BrooksSupreme Court of Arkansas · 1914
- Kansas City Southern Railway Co. v. HarrisSupreme Court of Arkansas · 1912
3Cited by2 opinions
- St. Paul Fire & Marine Ins. v. Baltimore & Ohio Rd. Co.Ohio Supreme Court · 1935
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923