Drake v. Yazoo & Mississippi Valley Railroad

Citations

• 79 Miss. 84

Syllabus

<p>1. RAILROADS. Fires. Burden of proof. Code 1893, § 1808.</p> <p>In a suit against a railroad company for damages by fire if it be shown that the fire was started by sparks escaping- from a locomotive in the service of the company the burden of proof is on the defendant to explain away the prima facie case (code 1893, g 1808) thus made against it.</p> <p>3. Samb. Rebutting evidence.</p> <p>For the purpose of rebutting a presumption of negligence in allowing the escape of fire the evidence must be as broad as the presumption itself, and must satisfactorily rebut every negligent act or omission which, under the circumstances of the case, might reasonably or naturally have caused the fire.</p> <p>3. Same. Condition of a/pplicmces.</p> <p>The presumption of negligence from the escape of fire from a locomotive cannot be rebutted by merely showing that the fire-arresting appliances were of proper character and were at the time in good condition, without further showing that at the time the locomotive was carefully managed and controlled.</p> <p>4. Same. Instruction.</p> <p>In such case an instruction to the effect that if the engine was in good condition and was carefully managed at the time, the verdict should he for the defendant, is misleading; it d' es not mention the condition of the fire-arresting apparatus.</p>