Steele v. Darner
| Decision Date | 02 April 1907 |
| Citation | 103 S.W. 582,124 Mo. App. 338 |
| Parties | STEELE et al. v. DARNER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Newton County; F. C. Johnston, Judge.
Action by C. Steele and others against Nelson Darner. From a judgment for plaintiffs, defendant appeals. Affirmed.
Hubbert & Hubbert, for appellant. J. A. Sturgis, for respondents.
The action is to recover damages caused by fire, which the petition alleges was willfully set on land of D. K. Hurst and land of plaintiff by defendant, in the month of November, 1904. The evidence shows that plaintiff, Hurst, and defendant owned and resided on adjoining farms, in the southwest corner of McDonald county, and were neighbors; that in November, 1904, the weather was dry, and they apprehended danger of injury to their farms by fire from the adjacent woods; that an effort had been made by defendant and others to get the neighbors to agree upon a day when they would all meet and back-fire around their several farms to protect them from any fire that might be set in the surrounding woods. No day was finally agreed upon by all of them but about the last day of November defendant, Hurst, and one or two others agreed on a day to back-fire, and met at Hurst's place, and sent word to plaintiff they were going to fire about 12 o'clock. Plaintiff (M. J. Steele) was not able to get out, and sent word to defendant that he did not want to fire on that day, and warned him not to burn his woods. Mrs. Steele went to Hurst's and saw that preparations were being made by defendant and others to set out fire on...
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Fireman's Fund Insurance Co. v. Aalco Wrecking Co., Inc.
...v. Phillips Investment Co., 302 S.W.2d 924, 928 (Mo.1957). See also Willard v. Bethurem, 234 S.W.2d 18 (Mo.App.1950); Steele v. Darner, 124 Mo.App. 338, 103 S.W. 582 (1907). In Reid v. Sibell, Inc. v. Gilmore & Edwards Co., 134 Cal.App. 2d 60, 285 P.2d 364 (1955), the defendant was storing ......
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Capra v. Phillips Inv. Co.
...and the fire spreads to plaintiff's premises by reason of negligence chargeable to defendant, the plaintiff may recover. Steele v. Darner, 124 Mo.App. 338, 103 S.W. 582; Willard v. Bethurem, Mo.App., 234 S.W.2d 18, 21; Steffens v. Fisher, 161 Mo.App. 386, 394, 143 S.W. 1101, 1103; Texas & N......
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Quinn v. City of Columbia
...answer, on the ground that such defense was not pleaded. This is an inconsistency opposition which cannot be allowed. [Steele v. Darner, 124 Mo.App. 338, 103 S.W. 582.] But ground upon which it was stricken out was that the matter thus alleged, if a defense at all, could be admitted under a......
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Quinn v. City of Columbia
...answer, on the ground that such defense was not pleaded. This is an inconsistency of position which cannot be allowed. Steele v. Darner, 124 Mo. App. 338, 103 S. W. 582. But the ground upon which it was stricken out was that the matters thus alleged, if a defense at all, could be admitted u......