Ford v. St. Louis, Iron Mountain & Southern Railway
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The plaintiff, M. H. Ford, was the owner of a cow, which was struck and killed by an engine and train of the defendant company. The injury occurred within, the corporate -limits of Marianna, a town of from 1,500 to 1,800 inhabitants.
Read the full summary
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The plaintiff, M. H. Ford, was the owner of a cow, which was struck and killed by an engine and train of the defendant company. The injury occurred within, the corporate -limits of Marianna, a town of from 1,500 to 1,800 inhabitants. The cow was killed near the depot of the company, about 500 feet south of the public crossing on Tennessee street, and about 600 feet north of the crossing on Louisiana street. Trice’s gin is on the side of the railroad just north of the crossing on Louisiana street, and south of the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question in this case is, whether the evidence at the trial was legally sufficient to support a verdict in favor of the plaintiff. In order to test that question, we must accept as true that view of the facts the most favorable to plaintiff which the evidence warrants. It is admitted that the cow was killed by defendant’s train, and this, under the statute, makes out a ¶rima facie case against the defendant. To rebut this, the engineer testified that he was keeping a careful lookout, and that the cow came upon the track from behind a box ear,…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway v. HendricksSupreme Court of Arkansas · 1890
3Cited by7 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Davis v. ScottSupreme Court of Arkansas · 1921
- Pueblo v. Rodríguez RosarioSupreme Court of Puerto Rico · 1934
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodsSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.