Arkansas & Louisiana Railway Co. v. Sanders
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. The peremptory instruction for defendant should have been given. The issues are matters of law, as there is no conflict in the evidence, and no liability.
Read the full summary
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. The peremptory instruction for defendant should have been given. The issues are matters of law, as there is no conflict in the evidence, and no liability. The prima facie case resulting from the injury was clearly overcome by the evidence, and the jury could not disregard it. 67 Ark. 514, 516; 53 Id. 96, 97; 62 Id. 182, 185; 66 Id. 439, 441; -81 Ga. 202; 83 Id. 393; 70 Miss. 348. 2. It was error to permit plaintiff to prove the location of the accident by witnesses from his own statements as to where the horse was when struck. 23…
1Opinion of the CourtMcCulloch, J.
This is an action against the railway company by the owner of a horse to recover damages for its alleged negligent killing by servants of the company in the operation of a train, and it is the second appearance here of the case. Arkansas & Louisana Ry. Co. v. Sanders, 69 Ark. 619. The facts are stated in the former opinion. The second trial resulted in a verdict in favor of the plaintiff for the value of the horse, and the defendant again appealed. It is contended that the evidence does not sustain the verdict.
Proof of the killing of the animal made a prima facie case of negligence against…
2Cases cited3 opinions
- Fordyce v. EdwardsSupreme Court of Arkansas · 1898
- Arkansas & Louisiana Railway Co. v. SandersSupreme Court of Arkansas · 1901
- Haas v. Louisiana & Arkansas Railway Co.Supreme Court of Arkansas · 1905
3Cited by1 opinion
- Smith v. StateSupreme Court of Arkansas · 1909