St. Louis Southwestern Railway Co. v. Costello
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY'THE COURT. This is a suit for damages growing out of the alleged negligent killing of a cow. The proof showed that the cow was struck about 8 o’clock at night by a passenger engine which was provided with a “fine electric headlight.” The track was straight at the place where the witness for the plaintiff said she saw the cow killed.
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Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY'THE COURT. This is a suit for damages growing out of the alleged negligent killing of a cow. The proof showed that the cow was struck about 8 o’clock at night by a passenger engine which was provided with a “fine electric headlight.” The track was straight at the place where the witness for the plaintiff said she saw the cow killed. She was looking “right down the track, and saw the engine as soon as it came in sight.” Witness said there was nothing in the way; the cow was right between witness and the engine, going across…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The prima facie case of negligence resulting from the killing was not overcome by the proof of the engineer, nor the witness for plaintiff who saw the killing. The track was straight, and the engine had a fine head light. The engineer says he saw the cow step on the track in front of the engine, but he does not say that he did not see her upon the right of way, or near to the track before she came upon the same. If he did see the cow, and she was so near as to indicate danger to her, he was negligent in not sounding the alarm, slowing up, or doing whatever…
2Cited by6 opinions
- Lane v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1906
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
- Hot Springs Street Ry. Co. v. JonesSupreme Court of Arkansas · 1962
- Lovegrove v. Missouri Pacific RailroadSupreme Court of Arkansas · 1969
- Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920
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