Thomason v. Kansas City Southern Ry. Co.

Citations

• 122 La. 995
• 48 So. 432
• 1909 La. LEXIS 632

Syllabus

<p>1. Railboads (§ 469*) — Fibe Set by Locomotives — Liability.</p> <p>A railroad company, on certain terms and conditions, constructed a spur track on its own property, but adjoining a planing mill belonging; to the plaintiff. In that contract, the plaintiff agreed to release the company from any and all liability for property destroyed by fire communicated by locomotives operating on said track or otherwise while engaged in work connected with the use of said track, under that agreement. The railroad company was not, under that clause of the agreement, relieved from liability for property destroyed by fire occasioned by sparks emitted from one of its locomotives while on the main track not engaged in work connected with the use of the spur track.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 469.*]</p> <p>2. Railboads (§ 480*) — Fibe Set by Locomotive — Burden oe Pboob.</p> <p>It being shown that the fire by which plaintiff’s property was destroyed was caused by sparks emitted from one of the defendant’s locomotives then on the main line, the defendant carried the burden of proof to show that the locomotive was then engaged in work connected with the use of the spur track.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 480.*]</p> <p>3. Railboads (§ 480*) — Fiees Set by Locomotive-Evidence.</p> <p>■Where a building, near a railroad track is destroyed by a fire occurring a few minutes after a locomotive emitting sparks has passed opposite to it, and sufficiently near for the sparks to have communicated the Are, these two facts furnish the legitimate basis for presumption that the fire was occasioned by the sparks, in the absence of any other assignable cause.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 1713; Dec. Dig. § 480.*]</p> <p>4.Appeal and Error (§ 1010*) — Review-Questions oe Fact.</p> <p>If there be testimony in the record which if believed would justify the conclusions of the trial judge touching a ce