St. Louis, Iron Mountain & Southern Railroad v. Landers
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court. statement by the court. This suit was commenced in a justice-of-the-peace court, by the filing of the following account: “St. L., I. M. & So. Ry. Co. to W. C. Landers. “To damages for killing one two-year old steer on the 6th day of July, 1896, at a public crossing in the town of Harrisburg, valued at $10» W. C. Landers.”
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Appeal from Poinsett Circuit Court. statement by the court. This suit was commenced in a justice-of-the-peace court, by the filing of the following account: “St. L., I. M. & So. Ry. Co. to W. C. Landers. “To damages for killing one two-year old steer on the 6th day of July, 1896, at a public crossing in the town of Harrisburg, valued at $10» W. C. Landers.” Defendant made default, and judgment was rendered in the justice’s court for the amount sued for, and the defendant appealed. In the circuit court the ease was tried anew. Jim Goodloe testified that he was in his house near the right of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The prima facie case of negligence made by proof of the killing was clearly overcome by the testimony of the engineer and fireman, which was consistent and reasonable. The jury could not arbitrarily disregard it. K. C. F. S. & M. Ry. v. King, 66 Ark. 439; Ry. Co. v. Shoecraft, 53 Ark. 96; St. Louis S. W. Ry. Co. v. Russell, 62 Ark. 182; Memphis L. R. Bd. Co. v. Sanders, 43 Ark. 225; St Louis, I. M. & S. Ry. Co. v. Bragg, 66 Ark. 248; Cantrell v. K. C. M. & B. Ry. 14 Am. & Eng. Ry. Cases (N. S.), 30; Ga. M. & G. Ry. v. Harris, 83 Ga. 393.
Witnesses fox*…
2Cases cited6 opinions
- Railway v. ShoecraftSupreme Court of Arkansas · 1890
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1899
- Kansas City, Fort Scott & Memphis Railway Co. v. KingSupreme Court of Arkansas · 1899
- Memphis & Little Rock Rail Road v. SandersSupreme Court of Arkansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis-San Francisco Railway Co. v. ColeSupreme Court of Arkansas · 1930
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Kansas City Southern Railway Co. v. LewisSupreme Court of Arkansas · 1906
- Gibson v. Southern Pac. Co.Court of Appeals for the Fifth Circuit · 1933
- Union Central Life Insurance v. SimsSupreme Court of Arkansas · 1945
16 more not listed; retrieve them via the Exa API.