St. Louis Southwestern Railway Co. v. Russell
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This action was brought against the appellant railway company to recover damages for the killing of a mule, a mare and a cow owned by plaintiffs.
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Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This action was brought against the appellant railway company to recover damages for the killing of a mule, a mare and a cow owned by plaintiffs. The animals, the property of plaintiffs, were struck, and killed at different times by trains of appellant, and the complaint alleged, in separate paragraphs, that the killing of each of them was due to negligence of the employees of appellant in charge of its trains. The allegation of negligence was denied, and the main question upon the trial was whether the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action against the defendant company to recover damages for the killing of certain domestic animals owned by plaintiff. As it was shown that these animals were killed by the trains upon the railway of defendant, the burden was upon it to show that due care was exercised in the management of said trains at the time of the injury. But as to one of the animals this was not shown. The engineer testified that the cow came upon the track upon the fireman's side, and that by reason of a curve in the track he (the engineer) did not see it in time to…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1896
- Railroad Co. v. ChriscoeSupreme Court of Arkansas · 1893
3Cited by11 opinions
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Cooley v. KsirSupreme Court of Arkansas · 1912
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
- Saint Louis Southwestern Railway Co. v. BowenSupreme Court of Arkansas · 1905
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