Kansas City Southern Railway Co. v. Whitley
Supreme Court of Arkansas
Appeal from Little River Circuit Court; J. 8. Steel, Judge; 1. The court should have directed a verdict fo” defendant. The engineer’s evidence is reasonable, consistent and uncontradicted, and rebuts all presumption of negligence. 66 Ark. 439; 67 Id. 514; 89 Id. 120; 78 Id. 234. The killing was unavoidable. 53 Id. 96; 69 Id. 659. 2. It was error to read section 8131 of Kirby & Castle’s Digest to the jury. 24 Ark. 499; 55 Id. 588; 63 Id. 477. The rule is not changed in 116…
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Appeal from Little River Circuit Court; J. 8. Steel, Judge; 1. The court should have directed a verdict fo” defendant. The engineer’s evidence is reasonable, consistent and uncontradicted, and rebuts all presumption of negligence. 66 Ark. 439; 67 Id. 514; 89 Id. 120; 78 Id. 234. The killing was unavoidable. 53 Id. 96; 69 Id. 659. 2. It was error to read section 8131 of Kirby & Castle’s Digest to the jury. 24 Ark. 499; 55 Id. 588; 63 Id. 477. The rule is not changed in 116 Ark. 514. See also 119 Id. 295; 127 Id. 323. 3. Even where stock are discovered on the track, he is not necessarily…
1Opinion of the CourtWood, J.
This is an action by the appellee against the appellant to recover damages for the alleged negligent killing of a Jersey heifer belonging to the appellee. The appellee alleged that the heifer was killed about three-fourths of a mile north of Ashdown by the southbound passenger evening train of the appellant. The appellant denied that it had killed the heifer, and set up that if the appellee had been damaged the loss was due to his own negligence and carelessness, and not to any negligence on the part of the appellant.
The appellee testified that about the 12th day of August his Jersey heifer…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. ElrodSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. FambroSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. O'HareSupreme Court of Arkansas · 1909
3Cited by5 opinions
- Tilghman, Administrator v. RightorSupreme Court of Arkansas · 1947
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Davis v. WyskupSupreme Court of Oklahoma · 1923
- Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920
- Kansas City Southern Railway Co. v. McCrossenSupreme Court of Arkansas · 1919