Smart v. Missouri Pacific Railway Co.
Smart v. Missouri Pacific Railway Co.
Opinion of the Court
The special finding that the defendant did not set the fire ends the case. The plaintiffs offer nothing convincing to show that this finding was induced otherwise than ■ by the evidence, which overwhelmingly supports it.
The fourth request singled out a particular circumstance, held it up before the jury, told them to take it •as evidence, and told them its weight and effect under certain conditions. Of course this request was properly denied.
The jury were properly advised that the burden rested upon the plaintiffs to show that the defendant set out the fire. Since they failed to establish this indispensable fact it is immaterial what occurred at the trial respecting other features of the case.
The judgment of the district court is affirmed.
Reference
- Full Case Name
- J. H. Smart, as Partners, etc. v. The Missouri Pacific Railway Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Negligence — Injury by Fire — Instructions. In an action to recover for injuries caused by a fire alleged to have been set out by defendant’s engine, the refusal of instructions requested by the defendant held not to have been error.