Kansas City Southern Railway Co. v. Lewis
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. See argument in Ingram case. 2. Defendant’s request for a peremptory instruction should have been granted, because the court had no jurisdiction, and because plaintiff introduced no testimony whatever tending to show any degree of negligence on the part of defendant. 1. At common law this action could be brought anywhere.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. See argument in Ingram case. 2. Defendant’s request for a peremptory instruction should have been granted, because the court had no jurisdiction, and because plaintiff introduced no testimony whatever tending to show any degree of negligence on the part of defendant. 1. At common law this action could be brought anywhere. It is transitory, and may be brought in this State. 62 Ark. 254; 51 Ark. 559; 67 Ark. 295; 141 U. S. 127. The circuit court had jurisdiction, or acquired it when appellant entered appearance. Supra; 132 U. S.…
1Opinion of the CourtHill, C. J.
This case has been presented with Kansas City Southern Ry. Co. v. Ingram, ante, p. 269, and the law as therein announced controls in this, but the facts are different. Appellee’s mule was killed by appellant’s freight train in the night time about the 22d of January, 1904, on appellant’s track in Poteau Bottom in the Choctaw Nation, near the city of Fort Smith, Ark. Appellee’s evidence showed the mule was found knocked off the railroad dump, evidently killed by the train. There were no footprints showing he had been on the track for any distance before reaching this point. Appellee’s case…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
3Cited by10 opinions
- Maloy v. Stuttgart Memorial HospitalSupreme Court of Arkansas · 1994
- Knighton v. International Paper Co.Supreme Court of Arkansas · 1969
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Ragon v. DaySupreme Court of Arkansas · 1957
- St. Louis, Iron Mountain & Southern Railway Co. v. HumbertSupreme Court of Arkansas · 1911
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