Railroad Co. v. Chriscoe
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Grant Grlln, Jr., Judge. The only obligation on the railroad company was to use reasonable diligence after seeing the danger. The prima facie case made by appellee was overcome by the evidence, which was uncontradicted.
Read the full summary
Appeal from St. Francis Circuit Court. Grant Grlln, Jr., Judge. The only obligation on the railroad company was to use reasonable diligence after seeing the danger. The prima facie case made by appellee was overcome by the evidence, which was uncontradicted. It is a clear case of unavoidable accident. 36 Ark. 607 ; 37 id. 592; 39 id. 413 ; 40 id. 336 ; 40 id. 161; 48 id. 366 ; 52 id. 162. This case presents only a question of fact, which was resolved in appellee’s favor by the jury. The jury had the right to disbelieve the engineer’s story. They believed and found there was negligence.
1Opinion of the CourtCockriee, C. J.
The appellee obtained judgment ag'ainst the railway for the value of a cow which was killed by the company’s moving train. The plaintiff proved the killing, and rested upon the presumption of negligence which the statute raises against the company from that fact. The only question presented by the appeal is, whether the court shall adjudge that the-proof adduced by the company overcame the plaintiff’s. prima facie case.
We quote from the appellant’s abstract a statement of the material part of the testimony for the defendant :: “The defendant took the depositions of all of the engineers…
2Cited by2 opinions
- Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897