St. Louis & San Francisco Railroad v. Satterfield
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. Aeren Hughes, Judge. statement by the court. The complaint alleged that the defendant’s servants in Crittenden County, on May 29, 1902, negligently -ran over a horse belonging to the plaintiff, valued at $250. The answer denied that the plaintiff was the owner; denied that it was killed by the train on a line of the defendant’s railway; denied that it was negligently and recklessly done.
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Appeal from Crittenden Circuit Court. Aeren Hughes, Judge. statement by the court. The complaint alleged that the defendant’s servants in Crittenden County, on May 29, 1902, negligently -ran over a horse belonging to the plaintiff, valued at $250. The answer denied that the plaintiff was the owner; denied that it was killed by the train on a line of the defendant’s railway; denied that it was negligently and recklessly done. The engineer testified as follows: “When I got down opposite where the old station stood, a horse came out from behind some box cars on the track, about 100 feet in front…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The testimony of the engineer to the effect that when he struck the horse he had reduced the speed of his train to 12 miles per hour was contradicted by witness Neely, who testified that the train did not at any time get slower than 25 miles an hour. It was also contra-dieted by the evidence of Turner, which showed that the animal was thrown two rail lengths, or about 70 feet. Whereas the conductor stated that running 12 miles per hour his train could not throw an animal over 10 o.r 12 feet. If Turner and Neely were telling the truth, the train must have…
2Cited by1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. GossSupreme Court of Arkansas · 1909