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· 10/15/1916

Richland Planting Co. v. Yazoo & M. V. R.

Citations

  • 113 Miss. 154
  • 74 So. 126

Syllabus

<p>1. Railroads. Operation. Setting fires. Evidence. Sufficiency.</p> <p>Where in a suit hy a property owner for damages to buildings by . fire set hy a locomotive of the railroad, a case is made out for the plaintiff so conclusively by circumstantial evidence that it amounts to positive, direct proof, and there was no efficient cause of the fire present except the engine and the burning sparks thrown therefrom, a verdict for the defendant should not be allowed to stand.</p> <p>2. Railroad. Operation. Setting fires. Liability. . Statute.</p> <p>Chapter 151, Laws 1912, establishing the liability of railroads for losses caused by fire thrown from their engines, is a rule of liability, and where it is shown that the fire was caused by sparks thrown from an engine, the railroad becomes liable for the loss, regardless of whether it was negligent.</p>

Judges: Holden

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