St. Louis, Iron Mountain & Southern Railway Co. v. Wilson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Gotham, Judge; STATEMENT BY THE COURT. The appellee sued .appellant for damages caused iby an injury to his cow, alleging that ‘ ‘ defendant negligently caused hay, grain and other feed stuff to be scattered upon iand near the railroad track in quantities sufficient to induce and toll cattle upon said land, and that said cow was attracted and tolled to said land and railroad track.
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Appeal from Garland Circuit Court; Calvin T. Gotham, Judge; STATEMENT BY THE COURT. The appellee sued .appellant for damages caused iby an injury to his cow, alleging that ‘ ‘ defendant negligently caused hay, grain and other feed stuff to be scattered upon iand near the railroad track in quantities sufficient to induce and toll cattle upon said land, and that said cow was attracted and tolled to said land and railroad track. That said lands were surrounded by barbed wire attached to posts lying on the ground, some of the strands being two or three feet above the ground at places. That the…
1Opinion of the CourtWood, J.
(after stating the facts). (1-2-3). The appellant was under no duty to construct and maintain a fence along its right-of-way to prevent cattle that were pastured1 upon the commons from guing upon such right-of-way. The appellee, in permitting his cow to run at large, assumed all the risks incident thereto. Railway Company v. Ferguson, 57 Ark. 16. But the appellant would have no right to allow feed stuff to be emptied or-to accumulate upon its right-of-way in such manner as would be attractive to cattle that might be browsing upon the commons. This would be luring such animals, by reason of…
2Cases cited2 opinions
- Jones & Norris v. NicholsSupreme Court of Arkansas · 1885
- Railway Co. v. FergusonSupreme Court of Arkansas · 1892
3Cited by4 opinions
- Abbott v. VanmeterSupreme Court of Arkansas · 1920
- Buckeye Cotton Oil Co. v. HortonSupreme Court of Arkansas · 1915
- Missouri Pacific R.R. Co., Thompson v. BrinerSupreme Court of Arkansas · 1948
- Leonard v. West Extension Irrigation DistrictOregon Supreme Court · 1969