Fenton v. De Queen & Eastern Railway Co.
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant brought suit to recover damages for the value of a mare, alleged to have been negligently struck by a train on appellee’s road, and so injured as to be entirely worthless. The railroad company denied injuring the mare by the operation of any of its trains.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellant brought suit to recover damages for the value of a mare, alleged to have been negligently struck by a train on appellee’s road, and so injured as to be entirely worthless. The railroad company denied injuring the mare by the operation of any of its trains. The testimony tended to show that the line of railroad where the animal was discovered "to be injured runs east and west, with a fence on the north side of and parallel to it, which turns a little to the north just before, its intersection with…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The instruction, numbered 1, as requested, should have been given. St. Louis, I. M. & S. Ry. Co. v. Ewing, 85 Ark. 53; St. Louis, I. M. & S. Ry. Co. v. Norton, 71 Ark. 317.
It is insisted by learned counsel for appellee that there was no testimony upon which to base such instruction, and that no prejudice could have resulted from the failure to give it, since the undisputed testimony shows that the employees did keep the lookout required by law, the engineer and fireman both having testified they were keeping a lookout at the time and that the injury was…
2Cases cited4 opinions
- Railway Co. v. SageleySupreme Court of Arkansas · 1892
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
- Railway Co. v. ParksSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. EwingSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Missouri Pacific R.R. Co., Thompson v. BrinerSupreme Court of Arkansas · 1948
- Mahor v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1920