Steffens v. Fisher
Missouri Court of Appeals
Appeal from- Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) The evidence was not sufficient to carry the question to the jury of whether the fire originated at defendant’s brush pile. Kenny v. Railroad, 70 Mo. 248; Sheldon v. Railroad, 29 Barb. 228; Peck v. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 291; Manning v. Railroad, 137 Mo.
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Appeal from- Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) The evidence was not sufficient to carry the question to the jury of whether the fire originated at defendant’s brush pile. Kenny v. Railroad, 70 Mo. 248; Sheldon v. Railroad, 29 Barb. 228; Peck v. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 291; Manning v. Railroad, 137 Mo. App. 631. • (2) Evidence that the fire in question merely might have originated from defendant’s engine or even proof tending to show that it did, is not entitled to much weight, unless the possibility of origin from other sources is…
1Opinion of the CourtGray, J.
This suit was commenced before a justice of the peace in Texas county, to recover damages resulting to respondent’s fence by reason of a fire alleged to have escaped from appellant’s premises. There was a judgment for plaintiff in the justice court, and on trial anew before a jury at the June term, 1911, of the circuit court of said county, he was again successful and recovered a judgment of $44.40, and defendant appealed.
The first assignment of error is, that the court erred in admitting certain evidence offered by plaintiff tending to prove the proper steps to be taken to prevent fire from…
2Cases cited10 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Fuller v. RobinsonSupreme Court of Missouri · 1910
- State v. CroneSupreme Court of Missouri · 1908
- Wiggins v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1906
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3Cited by10 opinions
- Bridgeforth v. ProffittMissouri Court of Appeals · 1973
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- Capra v. Phillips Investment CompanySupreme Court of Missouri · 1957
- Miller v. SabinskeMissouri Court of Appeals · 1959
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
5 more not listed; retrieve them via the Exa API.