Alabama & Vicksburg Railway Co. v. Barrett

Citations

• 78 Miss. 432

Syllabus

<p>1. Railroads. Fires. Circumstantial evidence.</p> <p>That a fire was started by sparks negligently permitted to escape from a railroad locomotive, can be proved by circumstantial evidence.</p> <p>2. Same. Proximate and, remote damages.</p> <p>If a railroad company negligently permit live sparks to escape from its locomotive and ignite grass upon lands adjoining its right of way, from which the fire spreads and destroys property on the lands of another, not adjoining the right of way, it will be liable therefor, and cannot escape on the claim that the damages are too remote, since such damages are the natural and direct consei quences of its negligence in causing the fire.</p> <p>3. Same. Time and distance.</p> <p>Neither time nor distance, nor both, are conclusive of the remoteness of damages, but are proper to be considered, under the circumstances of a ease, in determining whether damages be proximate or remote.</p> <p>4. Same. Prima facie case. Evidence. Code 1892, <i 1808.</p> <p>Proof that a fire was started by the escape of live sparks from a railroad locomotive, causing damages to plaintiff, makes out a prima facie ease. Code 1892, g 1808.</p>