St. Louis, Iron Mountain & Southern Railway Co. v. Philpot
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. The evidence shows conclusively that the accident was not due to any negligence on the part of appellant, and the judgment must therefore be reversed. 67 Ark. 514; 66 Ark. 439; 53 Ark. 96; 62 Ark. 182; 43 Ark. 225; 66 Ark. 248; 14 Am. & Eng. R. Cas. (N. S.) 30; 83 Ga. 393. The same degree of care is not required of trainmen in avoiding the running over of dogs as of other animals. 3 Ell.
Read the full summary
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. The evidence shows conclusively that the accident was not due to any negligence on the part of appellant, and the judgment must therefore be reversed. 67 Ark. 514; 66 Ark. 439; 53 Ark. 96; 62 Ark. 182; 43 Ark. 225; 66 Ark. 248; 14 Am. & Eng. R. Cas. (N. S.) 30; 83 Ga. 393. The same degree of care is not required of trainmen in avoiding the running over of dogs as of other animals. 3 Ell. Rds., § 1190; 40 Fed. 281; 95 Tenn. 413. The court erred in refusing to give the sixth and seventh instructions asked by appellant, and in…
1Opinion of the CourtBatter, J.
C. M. Philpot sued the St. Louis, Iron Mountain & Southern Railway Company for the damages he suffered by reason of the killing of his dog. Pie alleged in his complaint that the defendant, on the 20th of April, 1900, in the county of Jefferson, in this state, carelessly and negligently ran one of its trains over and killed his bloodhound bitch, of the value of $250, and asked for judgment for that amount. The defendant answered, and denied negligence. Plaintiff recovered judgment for the amount sued for.
Evidence was adduced at the trial tending to prove, substantially, the following facts:
Plai…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. StanfieldSupreme Court of Arkansas · 1897
- Jones v. RailwaySupreme Court of Arkansas · 1890
3Cited by5 opinions
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. RhodenSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. GrimsleySupreme Court of Arkansas · 1909
- Taylor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1914
- State v. SowardSupreme Court of Arkansas · 1907