Railway Co. v. Ferguson
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. Ferguson sued the St. Louis, Iron Mountain & Southern Railway Company for the killing of a colt worth $55. Ferguson testified that he was the owner of the colt in controversy, and that the same was worth $55 ; that, sometime in May, 1890, he was walking along defendant’s track, a few miles south of Hope, within 100 yards of where his mare and colt were feeding; that a train came along and frig'htened the colt, and…
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Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. Ferguson sued the St. Louis, Iron Mountain & Southern Railway Company for the killing of a colt worth $55. Ferguson testified that he was the owner of the colt in controversy, and that the same was worth $55 ; that, sometime in May, 1890, he was walking along defendant’s track, a few miles south of Hope, within 100 yards of where his mare and colt were feeding; that a train came along and frig'htened the colt, and it ran into a wire fence near the track and cut its throat, from which wound it died. Witness stated that the fence had…
1Opinion of the CourtBaTTEE, J.
Appellant enclosed a part of its railway track and right of way with a wire fence. For three years the fence was permitted to stand without repairs. The result was, at the end of that time, it was in a very bad condition ; there were several gaps in it; and it was not connected with the track at the ends. While it was in this condition the colt of appellee strayed on the right of way of appellant and upon the part of its railway track so enclosed ; and an engineer of an approaching train, discovering it upon the track, sounded the alarm, frightened the colt, and it ran from the track against…
2Cases cited9 opinions
- Sisk v. CrumpIndiana Supreme Court · 1887
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- Jones & Norris v. NicholsSupreme Court of Arkansas · 1885
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. HarrisonSupreme Court of Arkansas · 1942
- St. Louis, Iron Mountain & Southern Railway Co. v. WirbelSupreme Court of Arkansas · 1912
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. NewmanSupreme Court of Arkansas · 1910
6 more not listed; retrieve them via the Exa API.