St. Louis, Iron Mountain & Southern Railway Co. v. Aven
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The verdict is contrary to the evidence and to the law. The frightening of the horse was the Jroximate cause of the injury, and not the absence of guard rails.
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Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The verdict is contrary to the evidence and to the law. The frightening of the horse was the Jroximate cause of the injury, and not the absence of guard rails. Defendant was not in law compelled to anticipate the unreasonable scaring of any horse ; the unusual is not to be guarded against, only the common and usual events of life. 5 Fxch. 248 ; 29 Wis. 144; 56 Ark. 390; lb. 521; 139 U. S. 237; 95 id. 130 ; 2 Thomps. Neg. 1084; Addison on Torts, 5; 29 S. W. 980; 4 Gray (Mass.), 397; 57 Ark. 414; 99 Mass. 605 ; Wills, Cir. Fv.…
1Opinion of the Court
BATTLE, I.
John W. Aven brought this action against the St. Bouis, Iron Mountain and Southern Railway Company to recover damages for a personal injury which he alleges was received by him through the negligent construction and maintenance of a bridge and the approaches thereto, which constituted the highway crossing of the defendant’s railway track.
In 1882 the defendant constructed a railway over a public road in St. Francis county. It erected an embankment 6 feet high, and dug a ditch on east side thereof 10 feet deep, 18 feet wide at the top, and 5 feet and 4 inches at the bottom, and…
2Cases cited14 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Baldwin v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1873
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- Missouri Pacific Railroad Co. v. RileySupreme Court of Arkansas · 1932
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