St. Louis & San Francisco Railroad v. Thompson
Supreme Court of Arkansas
Appeal from Madison Circuit Court. John N. Tikuman, Judge. The record fails to show any negligence on the part of appellant. 39 Ark. 413; 40 Ark. 336; 41 Ark. 161; 47 Ark. 321; 53 Ark. 96; 66 Ark. 439; 67 Ark. 514. Upon disputed facts the verdict will not be disturbed. ¿1 Ark. 467; 31 Ark. 163; 25 Ark. 474. The proof of appellant did not overcome the statutory presumption of negligence. 64 Ark. 236. The issue of fact was properly submitted to the jury. 71 Ark. 445; 66 Ark.…
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Appeal from Madison Circuit Court. John N. Tikuman, Judge. The record fails to show any negligence on the part of appellant. 39 Ark. 413; 40 Ark. 336; 41 Ark. 161; 47 Ark. 321; 53 Ark. 96; 66 Ark. 439; 67 Ark. 514. Upon disputed facts the verdict will not be disturbed. ¿1 Ark. 467; 31 Ark. 163; 25 Ark. 474. The proof of appellant did not overcome the statutory presumption of negligence. 64 Ark. 236. The issue of fact was properly submitted to the jury. 71 Ark. 445; 66 Ark. 363; 62 Ark. 63.
1Opinion of the Court
Hibtj C. J.
This was ah action for killing a cow by appellant railroad company. The appellant admitted the killing of the cow by the train, and assumed the burden of proof that it was not negligently killed. The testimony of the engineer and fireman sustained the allegation that it was unavoidable, and the case- is brought here on the sole ground that the jury arbitrarily discarded their testimony in finding for the appellee. The engineer’s testimony was weakened on cross-examination, and contradictions with a previous statement shown. The fireman’s testimony, while fully sustaining the…
2Cited by1 opinion
- Kansas City Southern Railway Co. v. EdwardsSupreme Court of Arkansas · 1906