Railway Co. v. Taylor
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. Taylor brouglit suit against the St. Eouis, Iron Mountain & Southern Railway Company, alleging that defendant negligently ran one of its trains through the streets of Pine Bluff, killing plaintiff’s mule, valued at $125, and damaging his dray to the extent of $10. The answer denied negligence on the part of defendant, and charged that plaintiff was guilty of contributory negligence.
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. Taylor brouglit suit against the St. Eouis, Iron Mountain & Southern Railway Company, alleging that defendant negligently ran one of its trains through the streets of Pine Bluff, killing plaintiff’s mule, valued at $125, and damaging his dray to the extent of $10. The answer denied negligence on the part of defendant, and charged that plaintiff was guilty of contributory negligence. Plaintiff testified that he was not present when the mule was killed; that the mule did not belong to him, but that he had possession of it on trial,…
1Opinion of the Court
1. Right oi special owner g^etestoek
Cockrill, C. J.
1. Construing the evidence most . strongly in xavor ox the appellant, Taylor had a special property in the animal killed which empowered him to recover its full value. St. Louis, etc. Railway v. Biggs, 50 Ark. 169. No prejudice results to the railway, therefore, in permitting him to maintain the action.
2. NegliwlyCL°kiiHnostock.
2. The statute declares that railroads operated in . r State shall be responsible for all damages done or caused by the running of their trains. Mansf. Dig. sec. 5537.
In a suit against a railway company to recover for…
2Cases cited4 opinions
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Springfield & Memphis Railway v. RheaSupreme Court of Arkansas · 1884
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
3Cited by12 opinions
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- Jones v. SeymourSupreme Court of Arkansas · 1910
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- Commercial Securities, Inc. v. MastOregon Supreme Court · 1933
- Chicago, R. I. & P. Ry. Co. v. EarlSupreme Court of Arkansas · 1916
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