Kansas City Southern Railway Co. v. McCrossen
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The court should have directed a verdict for the defendant, as the testimony shows that the engineer in charge of the train could not have prevented the killing or that the train ran down the animal. The engineer did not see the mule, but he was sounding the whistle and making every effort to avoid striking the mare and colt and did not know the mule was on the other side and could not see him.
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Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The court should have directed a verdict for the defendant, as the testimony shows that the engineer in charge of the train could not have prevented the killing or that the train ran down the animal. The engineer did not see the mule, but he was sounding the whistle and making every effort to avoid striking the mare and colt and did not know the mule was on the other side and could not see him. He came suddenly before the engine, and the engineer could not see him and he was struck before the fireman could notify the engineer,…
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal to reverse a judgment of tbe circuit court against it in favor of appellee for the alleged negligent killing of a mule by one of its trains. Briefly stated, tbe evidence for appellee tended to prove tbe following facts:
Some time during tbe first part of August, 1918, a mule belonging to appellee was found twenty-five or thirty steps from tbe railroad track of appellant about one and a half miles north of Wilton in Little River County, Arkansas. Tbe mule was struck about the hips and upon tbe back and was considerably scarred all over. He was found about 250…
2Cases cited1 opinion
- Kansas City Southern Railway Co. v. WhitleySupreme Court of Arkansas · 1919
3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. GrantSupreme Court of Arkansas · 1932