St. Louis & San Francisco Railroad v. Minor
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Frank Smith, Judge; 1. The facts in no way tend to discredit the testimony of the fireman, and,a careful examination of all the testimony shows nothing inconsistent with his. It is uncontradicted that the engineer shut off the steam, applied the air brakes, sounded the whistle, and that the fireman rang the bell.
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Appeal from Crittenden Circuit Court; Frank Smith, Judge; 1. The facts in no way tend to discredit the testimony of the fireman, and,a careful examination of all the testimony shows nothing inconsistent with his. It is uncontradicted that the engineer shut off the steam, applied the air brakes, sounded the whistle, and that the fireman rang the bell. Appellant is-not liable. 41 Ark. 161. 2. As to the injured animal, it was error to instruct the jury that the measure of damages was the difference between its market value just before the injury and immediately thereafter. 1. The fireman’s…
1Opinion of the CourtHart, J.
This action was brought by Joe Minor against the St. Louis & San Francisco Railroad Company to recover the value of three mules killed and one injured on the track of the defendant by one of its trains. Plaintiff recovered judgment, and defendant appealed.
The mules were proved to be the property of plaintiff, and to have been struck by defendant’s train.
The presumption of negligence is attempted to be overcome by the testimony of the fireman. He testified that the mules were struck at the first trestle west of the levee. That the train consisted of thirty cars, and was going at, the rate of…
2Cited by3 opinions
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- St. Louis-San Francisco Railway Co. v. GrantSupreme Court of Arkansas · 1932
- Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920