Chicago R. I. & P. Ry. Co. v. Woodworth
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Southern district of the Indian Territory. Action by Kirk Woodworth against the Chicago, Rock Island & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. 1. Complaint did not allege carelessness on part of defendant. Railroad company is not liable for killing stock, if done without carelessness or negligence on its part.
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Appeal from the United States court for the Southern district of the Indian Territory. Action by Kirk Woodworth against the Chicago, Rock Island & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. 1. Complaint did not allege carelessness on part of defendant. Railroad company is not liable for killing stock, if done without carelessness or negligence on its part. Railroad Co. vs. Holland 40 Ark. 336 ; Railroad Co. vs. Kerr, 52 Ark. 162 ; S. C. 12 S. W. 329 ; Turner vs. Railroad Co. 76 Mo. 261. The question, that complaint does not state a cause of action can be raised…
1Opinion of the CourtSpringer, C. J.
This action was brought by the apellee against apeliant to recover the value of five steers killed on the appellant’s railroad, on or about the 25th day of April, 1894. The complaint is as follows: “Your petitioner, Kirk Woodworth, plaintiff herein, a United States citizen, and a resident of the third judicial division, Indian Territory against Chicago, Rock Island & Pacific Railroad, and defendants herein, a corporation, duly incorporated, doing a regular railroad business and having one of their tracks running through the Third Judicial Division, Indian Territory, and having a regular…
2Cases cited9 opinions
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Cox v. HunterIndiana Supreme Court · 1881
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- Mansur v. StreightIndiana Supreme Court · 1885
- Missouri Pacific Railway Co. v. BridgesTexas Supreme Court · 1889
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- Dickinson v. StewartSupreme Court of Oklahoma · 1918