Arkansas & Louisiana Railway Co. v. Sanders
Supreme Court of Arkansas
Appeal from Howard Circuit Court. Will P. Teazel, Judge. The court erred in giving the second instruction asked by • plaintiff. 48 Ark. 366. It was also error for the court to declare it to be the duty of all persons running trains to keep a constant lookout. 62 Ark. 182; 65 Ark. 619. The court should have given the third instruction prayed by appellant, to the effect that persons in charge of a train are not required to keep a lookout “for stock on the right of way or…
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Appeal from Howard Circuit Court. Will P. Teazel, Judge. The court erred in giving the second instruction asked by • plaintiff. 48 Ark. 366. It was also error for the court to declare it to be the duty of all persons running trains to keep a constant lookout. 62 Ark. 182; 65 Ark. 619. The court should have given the third instruction prayed by appellant, to the effect that persons in charge of a train are not required to keep a lookout “for stock on the right of way or elsewhere, not on the track.” 48 Ark. 366; 69 Minn. 90; 6 S. Dak. 100; 52 Ark. 162; 81 Ill. App. 616; 50 S. W. 1036. There…
1Opinion of the CourtBunn, C. J.
This is a suit, originally, before W. P. Craig, one of the justices of. the peace of Howard county, by R. J. Sanders, the appellee, against the appellant company for $60 damages for wounding and crippling a horse so as to necessitate its killing. Trial and judgment for the sum claimed by plaintiff, from which judgment the defendant appealed to the circuit court of said county.
In the circuit court on the 15th day of February, 1900, the cause was tried by a jury under the instructions of the eo-urt, and the verdict was for the same amount as in the justice’s court, in favor of the plaintiff,…
2Cases cited2 opinions
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897
3Cited by2 opinions
- Arkansas & Louisiana Railway Co. v. SandersSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. GossSupreme Court of Arkansas · 1909