St. Louis, Iron Mountain & Southern Railway Co. v. Rhoden
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The testimony of the engineer was uncontradicted, and the jury were not warranted in disregarding it. 78 Ark. 234; 80 Ark. 396; 89 Ark. 120. The presumption of negligence is rebutted when it is shown that the engineer, after discovering the dog, could not have prevented the injury. 80 Ark. 396; 78 Ark. 234; 69 Ark. 619. The engineer had a right to presume that the dog would leave the track. 37 Ark. 593; 69 Ark. 619.…
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The testimony of the engineer was uncontradicted, and the jury were not warranted in disregarding it. 78 Ark. 234; 80 Ark. 396; 89 Ark. 120. The presumption of negligence is rebutted when it is shown that the engineer, after discovering the dog, could not have prevented the injury. 80 Ark. 396; 78 Ark. 234; 69 Ark. 619. The engineer had a right to presume that the dog would leave the track. 37 Ark. 593; 69 Ark. 619. There is no liability for killing a dog where the engineer has turned loose the steam cocks to frighten it away. 33 S. E.…
1Opinion of the CourtFrauenthal, J.
This was an action brought by the plaintiff below, R. C. Rhoden, against the St. Louis, Iron Mountain & Southern Railway Company for the recovery of damages' for the alleged negligent killing of a fine blooded bird dog. The dog was killed about 12 o’clock on October 22, 1907, by one of defendant’s fast mail trains. The testimony on the part of the plaintiff tended to prove that just after the train had passed Perla, a station on defendant’s line of railroad, the dog was seen upon the railroad track a short distance in front of the train and trotting or running down the track in the same…
2Cases cited8 opinions
- Citizens' Rapid Transit Co. v. DewTennessee Supreme Court · 1898
- Saint Louis, Arkansas & Texas Railway Co. v. HauksTexas Supreme Court · 1890
- Ft. Smith Oil Co. v. SloverSupreme Court of Arkansas · 1893
- St. Louis Southwestern Railway Co. v. StanfieldSupreme Court of Arkansas · 1897
- El Dorado & Bastrop Railway Co. v. KnoxSupreme Court of Arkansas · 1909
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3Cited by5 opinions
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- Taylor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1914
- Holloman v. Missouri Pacific Railroad CompanySupreme Court of Arkansas · 1926
- Edgar Lumber Co. v. DentonSupreme Court of Arkansas · 1922