St. Louis, Iron Mountain & Southern R. R. v. Hagan
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. lion. E. T. VaugiiaN,-Circuit Judge. 1.. The statutory presumption of negligence arises only in case of killing or mortally wounding stock, and does not apply to the mere wounding of stock. In the latter case, there should be evidence of negligence on part of the company or its agents. (Sec. 8, Acts 1875, p. 134.) The act only applies to animals killed or by fair intendment to those wounded unto death.
Read the full summary
APPEAL from Pulaski Circuit Court. lion. E. T. VaugiiaN,-Circuit Judge. 1.. The statutory presumption of negligence arises only in case of killing or mortally wounding stock, and does not apply to the mere wounding of stock. In the latter case, there should be evidence of negligence on part of the company or its agents. (Sec. 8, Acts 1875, p. 134.) The act only applies to animals killed or by fair intendment to those wounded unto death. Citing 33 Ark., 816; 37 Ark., 571; 36 Ib., 87; 36 Ib., 455, 651; 38 Ib., 205; 37 Ib., 697; 39 Ib., 414. 2. As to the mule, the 'prima facie case was…
1Opinion of the Court
SMITH, .J.
ilagan obtained a judgment against the railway company for $391 damages on account of the killing by its trains of one mule, one ox, two sheep, and the wounding of a mare and cow: Of its liability for the value of the ox and sheep, no question is made. They were killed on the railroad track. The burden under the statute was upon the company to show due care in the operation of its trains. And, since no attempt was made to do this, the prima facie case became conclusive. The mule was killed in daylight by a passenger train. But the defendant claimed that it was unavoidable. The track…
2Cited by4 opinions
- Railway Co. v. B'ShearsSupreme Court of Arkansas · 1894
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
- Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
- Kansas City So. Ry. Co. v. SmithSupreme Court of Arkansas · 1955