Railway Co. v. Parks
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Appellee, James T. Parks, was the owner of a mule which was found wounded on the right of way of the appellant railway company. He brought suit against the railway company for damages, alleging that the injury was caused by defendant in the operation of its locomotives and cars.
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Appeal from Hot Spring Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Appellee, James T. Parks, was the owner of a mule which was found wounded on the right of way of the appellant railway company. He brought suit against the railway company for damages, alleging that the injury was caused by defendant in the operation of its locomotives and cars. On the trial the appellee testified, in substance, that after the injury he found the mule fifteen or twenty feet from the railway track. Its right fore leg was broken above the ankle. The bone was sticking out, and the foot…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) It is evident that, at the time the mule was shot, it was of no value. The appellee himself must have been of this opinion, for,, when some one said in his presence that it was “ suffering pain and ought to be shot,” he made no objection. So we take it that he was not injured in any way by this shooting. His complaint alleged that the mule was killed by the locomotive and cars of the railway company. The answer of the railway company denied this allegation. The question before the jury was whether or not the circumstances in proof were sufficient to…
2Cases cited1 opinion
- Gaither v. WassonSupreme Court of Arkansas · 1883
3Cited by2 opinions
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
- Fenton v. De Queen & Eastern Railway Co.Supreme Court of Arkansas · 1912