Railway Co. v. Lindsay
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court, Eastern District. James W. Butler, Judge. Lindsay recovered a judgment of damage against the St. 'Louis, Iron Mountain & Southern Railway Company for three cows and a hog, killed by the latter’s trains. The facts are stated in the opinion. 1. The venue is wanting in all three of the suits before the justice; the statements and petition failed to state in what county the animals were killed. Thus no jurisdiction was given the justice.
Read the full summary
APPEAL from Lawrence Circuit Court, Eastern District. James W. Butler, Judge. Lindsay recovered a judgment of damage against the St. 'Louis, Iron Mountain & Southern Railway Company for three cows and a hog, killed by the latter’s trains. The facts are stated in the opinion. 1. The venue is wanting in all three of the suits before the justice; the statements and petition failed to state in what county the animals were killed. Thus no jurisdiction was given the justice. Mansf. Dig., sec. 5540; 38 Ark., :2o6. The justice having no jurisdiction, the circuit court •acquired none on appeal. 2. The…
1Opinion of the CourtCockrill, C. J.
In the case of the Little Rock, etc., R. Co. v. Clifton, 38 Ark., 205, it was held that the statute regulating suits against railways for damage to stock injured by its trains made such actions local, and that they should be brought in the county where the injury was inflicted. The-plaintiff in this case instituted three such actions before a justice of the peace. He did not allege the venue in the brief written statements of his causes, and the justice made no entry of it in his record. The railway company was-summoned, but did not appear.
Judgments by default were entered, and the company…
2Cases cited5 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Jolley v. FoltzCalifornia Supreme Court · 1867
- Crook v. PitcherCourt of Appeals of Maryland · 1884
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- County Board of Supervisors v. JonesWisconsin Supreme Court · 1865
3Cited by5 opinions
- Morris v. DooleySupreme Court of Arkansas · 1894
- Minetree v. MinetreeSupreme Court of Arkansas · 1930
- Burrow v. Hot SpringsSupreme Court of Arkansas · 1908
- Harris v. StateSupreme Court of Arkansas · 1895
- Waitman v. BowlesCourt Of Appeals Of Indian Territory · 1900