Lusk v. Blevins
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Coch-rcm, Judge; 1. A constant lookout was kept. Tbe injury was unavoidable and tbe verdict is contrary to all principles of justice. 39 Ark. 413; 40 Id. 336; 41 Id. 161; 53 Id. 96; 67 Id. 514. 2. No foundation was laid for tbe introduction of tbe letter. 94 Ark. 158-165; 93 Id. 179; 57 Id. 402; 23 Id. 131. 3. No claim was ever presented.
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Appeal from Crawford Circuit Court; James Coch-rcm, Judge; 1. A constant lookout was kept. Tbe injury was unavoidable and tbe verdict is contrary to all principles of justice. 39 Ark. 413; 40 Id. 336; 41 Id. 161; 53 Id. 96; 67 Id. 514. 2. No foundation was laid for tbe introduction of tbe letter. 94 Ark. 158-165; 93 Id. 179; 57 Id. 402; 23 Id. 131. 3. No claim was ever presented. Acts 1909, 779, 4; 104 Ark. 500; 233 U. S. 325. 4. Tbe act of 1907 is unconstitutional. 234 U. S. 354; 233 Id. 325. 5. There was no proof as to a reasonable attorney’s fee, nor that tbe mules were killed in Crawford…
1Opinion of the CourtMcCULLOCH, C. J.
The plaintiff, N. E. Blevins, sued tbe receivers of tbe St. Louis & San Francisco Railroad Company to recover double damages and attorneys’ fees on account of the killing of two mules, the property of plaintiff, run over by a passenger train operated by the receivers. The value of the mules is alleged to be the sum of $225, and it is also alleged in the complaint that plaintiff demanded the payment of that sum and that payment was refused. On the trial of the cause the jury returned a verdict in favor of plaintiff for the sum of $450, double damages, and $50 attorneys’ fee.
The killing of the…
2Cases cited2 opinions
- Kansas City Southern Railway Co. v. AndersonSupreme Court of the United States · 1914
- Kansas City Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1912