Hot Springs Railroad v. Newman
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hou. J. M. Smith, Circuit Judge. reporter’s statement. On the eighth day of April, 1878, Newman recovered judgment against the appellant, before a justice of the peace of Hot Spring county, for damages for crippling a cow by negligence in running its train; from which the appellant appealed to the circuit court.
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APPEAL from Garland Circuit Court. Hou. J. M. Smith, Circuit Judge. reporter’s statement. On the eighth day of April, 1878, Newman recovered judgment against the appellant, before a justice of the peace of Hot Spring county, for damages for crippling a cow by negligence in running its train; from which the appellant appealed to the circuit court. In the circuit court the cause was submitted to the court sitting as a jury, upon the following evidence ; Julia Keech, witness for the plaintiff, testified that she was in her house about 100 yards from the culvert on the railroad; heard the train…
1Opinion of the CourtHarrison, J.
There was no proof of any hindrance or impediment in the way of the cow’s getting off the track, or of any facts or .circumstances from which the persons in charge of the train might have foreseen, as a probable consequence of not sooner stopping the train, an injury to her, or that she would, in her fright, attempt to pass over the culvert, and not go off the track as the other cattle had done. Eor anything appearing to the contrary, egress from tbe track at the culvert was as possible and safe as where the others left it.
Though the injury might not have happened if the train had been sooner…
2Cited by6 opinions
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- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- Railway Co. v. FergusonSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1899
- Home Federal Savings & Loan Ass'n v. Citizens Bank of JonesboroCourt of Appeals of Arkansas · 1993
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