Railway Co. v. Goolsby
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District. James E. Riddick, Judge. Action by J. W. Goolsby against the St. Louis, Iron Mountain & Southern Railway Company.
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Appeal from Clay Circuit Court, Western District. James E. Riddick, Judge. Action by J. W. Goolsby against the St. Louis, Iron Mountain & Southern Railway Company. The case is stated by the court as follows :— Appellee says the railroad company, through the negligence of its employees, wrecked a train-load of cattle which it was transporting from Texas to St. Louis, and negligently permitted said cattle to escape into the range, said cattle being infected with Texas fever, or some other infectious disease, which fact was known to appellant and unknown to appellee; that said infected cattle,…
1Opinion of the Court
Wood, J.,
L as toper(after stating the facts.) The court declared the law correctly. Scienter was averred denied. Hence the onus was upon appellee to show that appellant knew, or had notice of such facts as would make it chargeable with knowledge, that the cattle were infected, and liable to communicate the disease.
No actual knowledge of the infected condition of the cattle is brought home to the company. But appellee contends that, it being shown that these were Texas cattle, and that Texas is infected territory, these facts were sufficient to charge appellant with knowledge that the cattle…
2Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CampbellSupreme Court of Arkansas · 1915
- Brown & Co. v. BennettSupreme Court of Arkansas · 1916