St. Louis Southwestern Railway Co. v. Hutchison
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George M. Chapline, Judge; The uncontradicted evidence clearly exonerates the company from liability. A jury can not arbitrarily disregard the evidence of witnesses, unless their testimony is in some way contradicted. 67 Ark. 514; 66 Ark. 439; 53 Ark. 96; 62 Ark. 182; 43 Ark. 225. Appellee’s proof made out a prima facie case of negligence on the part of appellant.
Read the full summary
Appeal from Monroe Circuit Court; George M. Chapline, Judge; The uncontradicted evidence clearly exonerates the company from liability. A jury can not arbitrarily disregard the evidence of witnesses, unless their testimony is in some way contradicted. 67 Ark. 514; 66 Ark. 439; 53 Ark. 96; 62 Ark. 182; 43 Ark. 225. Appellee’s proof made out a prima facie case of negligence on the part of appellant. The contradictory evidence of appellant’s witnesses was not sufficient in the minds of the jury to overcome it. Their verdict will stand. 57 Ark. 192; 88 S. W. 584; lb. 593; lb. 599.
1Opinion of the CourtBattle, J.
The plaintiff, W. E. Hutchison, proved that his horse was killed by the operation of the railway of the defendant, the St. Louis Southwestern Railway Company. This was sufficient to show that the killing was the result of the negligence of the defendant, unless evidence adduced proved the contrary. Plaintiff thereby cast upon the defendant the burden of excusing the killing. To do so it introduced two witnesses. But the testimony of each of these witnesses is inconsistent with and contradictory to itself. If the jury disbelieved their testimony on account of these inconsistencies and…
2Cases cited1 opinion
- Railway Co. v. ChamblissSupreme Court of Arkansas · 1891
3Cited by3 opinions
- Staples v. Continental Insurance Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1928
- Chicago, Rook Island & Pacific Railroad v. ReevesSupreme Court of Arkansas · 1950
- Kansas City So. Ry. Co. v. SmithSupreme Court of Arkansas · 1955