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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Henderson v. W. C. Haas Realty Management, Inc., 561 S.W.2d 382 (1977)

Citation
Henderson v. W. C. Haas Realty Management, Inc., 561 S.W.2d 382 (1977)
Parent Document
Henderson v. W. C. Haas Realty Management, Inc., 561 S.W.2d 382 (1977)
Jurisdiction
Missouri (state)
Effective Date
1977-12-05

Other Sections in This Document (52)

Full Text

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Frumer and Friedman, Products Liability, § 12.03[9][d], p. 358, 360, states, “The presence of the defect itself may be infera-ble, just as negligence may be inferable, from circumstantial evidence.” In 35 Am. Jur.2d, Fires, § 56, p. 640, it is stated, “However, it is not required that the evidence exclude all possibility of another origin or that it be undisputed; it is sufficient if all the facts and circumstances in evidence fairly warrant the conclusion that the fire did not originate from some other cause. Thus, the origin of a fire has generally been held sufficiently established by inferences drawn from circumstantial evidence.” See Reconstruction Finance Corp. v. Peterson Bros., 160 F.2d 124 (C.A.5th 1947); Texas & P. Ry. Co. v. Brandon, 183 S.W.2d 212, 214[2] (Tex.Civ.App.1944); Behrens v. Gottula, 160 Neb. 103, 69 N.W.2d 384, 388[5] (1955); New York, C. & St. L. R. Co. v. Roper, 176 Ind. 497, 96 N.E. 468, 470[7] (1911); and Gichner v. Antonio Troiano Tile & Marble Co.,