L. R. & F. S. Railway Co. v. Finley
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. R. C. Bullach, Special Judge. STATEMENT. Finley recovered judgment against tbe appellant, before .a Justice of the Peace of Faulkner county, for seventy dollars damages, for killing a mule by the negligent running of its train. The appellant appealed to the Circuit Court. Upon the trial there, the plaintiff testified that he lived •about fifty yards from the Cadron platform, which was on defendant’s road, and right opposite his house.
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APPEAL from Pope Circuit Court. Hon. R. C. Bullach, Special Judge. STATEMENT. Finley recovered judgment against tbe appellant, before .a Justice of the Peace of Faulkner county, for seventy dollars damages, for killing a mule by the negligent running of its train. The appellant appealed to the Circuit Court. Upon the trial there, the plaintiff testified that he lived •about fifty yards from the Cadron platform, which was on defendant’s road, and right opposite his house. He owned' a horse and mule. About dark, on the evening of the ■eleventh of July, 1879, he put a bell on the horse, and…
1Opinion of the CourtHarrison, J.
i. tees-PASS: stock going; upon unincios“er 13 The doctrine of the Common Law that the owner of domestic animals is bound to keep them within . his own enclosure, or on his own land, and that if he permits them to run at large and they go upon the land of another, though uninclosed, he becomes a trespasser, has never been recognized in this State. Such a rule is inapplicable to the condition and circumstances of our people. It would be, or would have been in the early settlement of the country, where there was so much land lying waste and uninclosed, most oppressive and unwise, and from the…
2Cases cited3 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Chicago & Alton R. R. v. GretznerIllinois Supreme Court · 1867
- Raiford v. Mississippi Central RailroadMississippi Supreme Court · 1870
3Cited by14 opinions
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Gulf, C. & S. F. Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
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