Little Rock & Fort Smith Railway Co. v. Wilson
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Jeremiah G-. Wallace, Judge. statement by the court. This suit is for damages in the sum of $25 for injury to plaintiff's mai’e, through the alleged negligence of the company.
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Appeal from Conway Circuit Court. Jeremiah G-. Wallace, Judge. statement by the court. This suit is for damages in the sum of $25 for injury to plaintiff's mai’e, through the alleged negligence of the company. The proof shows that on August 17, 1896, plaintiff heard an engine blowing the stock alarm twice right close together, and went down immediately where the engine was blowing the stock alarm, and found his mare standing right at the edge of the right of way, not over three feet either way, on or off the right of way. She had two cuts on the inside of her hind legs. The cuts were about…
1Opinion of the Court
Wood, J.,
(after stating the facts.) There was evidence to justify the verdict. While the proximity of the mare to the railway track and the nature and appearance of the injury would not, alone, fuimish the basis for an inference that the injury was produced by the train, yet, when these are considered in connection with the blowing of the stock alarm, and the finding of the animal immediately thereafter at the place where the stock alarm was given, close to the right of way, injured as described,—also in connection with the fact that after the injury the mare was very much afraid of…
2Cases cited1 opinion
- Railway Co. v. SageleySupreme Court of Arkansas · 1892
3Cited by4 opinions
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
- Hot Springs Street Ry. Co. v. JonesSupreme Court of Arkansas · 1962
- Missouri Pacific R.R. Co., Thompson v. BrinerSupreme Court of Arkansas · 1948