Legal Opinion

Luikart v. Yazoo & M. V. R.

Supreme Court of Louisiana

Decided January 3, 1921No. 22829PublishedCited by 4 opinions

Appeal from Twenty-Second Judicial District Court, Parish of East Baton Kouge; H. F. Brunot, Judge. Action by Carl B. Luikart against the Ya-zoo & Mississippi Valley Bailroad Company. From judgment for plaintiff, defendant appeals.

1Opinion of the CourtO’Niell, J.

Defendant appeals from a judgment for damages for the value of the contents of a barn, consisting mainly of farming implements, destroyed by a fire alleged to have been caused by sparks from a locomotive of the defendant railroad, company. There is no dispute about the value of the property destroyed. The only question is whether plaintiff has proven by a preponderance of evidence that the fire was caused by sparks from the locomotive.

Plaintiff was a tenant or lessee of a farm on the north side of the railroad. There was a public road running parallel with the railroad, between it and the…

2Cases cited4 opinions

  1. Lemann Co. v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1911
  2. Palmetto Moss Factory v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1916
  3. V. & A. Meyer & Co. v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1889
  4. Tortorice v. Yazoo & M. V. R.Supreme Court of Louisiana · 1917

3Cited by4 opinions

  1. Davis v. Horne Lumber Co.Supreme Court of Louisiana · 1948
  2. Hopkins v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1922
  3. Jumonville v. Police Jury of Tangipahoa ParishLouisiana Court of Appeal · 1926
  4. Penniman v. SpencerLouisiana Court of Appeal · 1929

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API