Legal Opinion
St. Louis-San Francisco Railway Co. v. Pace
Supreme Court of Arkansas
Decided December 19, 1921Published
Appeal from Randolph Circuit Court; J. B. Baker, Judge; The statement of facts shows a prima facie case of negligence on the part of the defendant, and the burden is upon it to explain away that negligence. 37 Ark. 562; 33 Ark. 816; 42 Ark. 122; 39 Ark. 413; 54 Ark. 214; 57 Ark. 137; 104 Ark. 500; 104 Ark. 38; C. & M. Digest, sees. 8570 and 8574. The judgment should be affirmed under section 2175 of C. & M. Digest.
1Opinion of the CourtHart, J.
N. E. Pace sued the St. Louis-San Francisco Bailway Company to recover the value of a colt alleged to have been killed on account of the negligent operation of one of the defendant’s trains.
The case was tried before the court sitting as a jury upon an agreed statement of facts which is as follows:
“It is agreed that on the 1st day of November, 1920, the colt of N. E. Pace was on the right-of-way of the Frisco; that after the engine of the north-bound local on said day had passed said colt, the colt began running up the track close beside the train, and on account of its diminutive size it ran…
2Cases cited1 opinion
- Paragould Southeastern Railway Co. v. CrunkSupreme Court of Arkansas · 1906