Central Arkansas & Eastern Railway Co. v. Goelzer
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, judge; STATEMENT OE THE COURT. On February 12, 1909, A. H. Kaufman and I. S. Kaufman, partners as Kaufman & Company, brought suit in the Lonoke Circuit Court against the Central Arkansas & Eastern Railway Company, alleging that said railway company, while operating a locomotive over its line of railroad, negligently set fire to their barn containing corn and other products, and that the same was destroyed by the fire.
Read the full summary
Appeal from Lonoke Circuit Court; Eugene Lankford, judge; STATEMENT OE THE COURT. On February 12, 1909, A. H. Kaufman and I. S. Kaufman, partners as Kaufman & Company, brought suit in the Lonoke Circuit Court against the Central Arkansas & Eastern Railway Company, alleging that said railway company, while operating a locomotive over its line of railroad, negligently set fire to their barn containing corn and other products, and that the same was destroyed by the fire. They asked judgment in the sum of $513. On the same day George Goelzer instituted a similar suit against the defendant railway…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The act of April 18, 1907, malees railroad 'corporations liable in damages for the loss .of or injury to any property, which may be caused by, or result from, the operation of its train, and provides that in such action the railroad corporations may not plead or prove as a defense thereto that the loss or injury was not the result of negligence or carelessness on the part of such defendant or its employees. In the case of St. Louis & San Francisco Rd. Co. v. Shore, 89 Ark. 418, this act was held to be constitutional.
In the case at bar the principal…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. ShoreSupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. TrotterSupreme Court of Arkansas · 1909
3Cited by3 opinions
- St. Louis & San Francisco Railway Co. v. BlackSupreme Court of Arkansas · 1920
- Martin v. Duncan Automobile Co.Nevada Supreme Court · 1931
- St. Louis, Iron Mountain & Southern Railway Co. v. GreesonSupreme Court of Arkansas · 1911