St. Louis, Iron Mountain & Southern Railway Co. v. Bragg
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. The evidence shows that appellant did all that the law requires of it, and hence was guilty of no negligence. 36 Ark. 607; 57 Ark. 16; 37 Ark. 693. The verdict, being supported by evidence, will not be disturbed on appeal. 23 Ark. 208; 47 Ark. 196; 46 Ark. 524; 51 Ark. 324. The jury had a right to disregard the testimony of the train crew. 57 Ark. 214.
1Opinion of the CourtHughes, J.
This is an appeal from a judgment for damages for the value of a mule, alleged to have been killed through the negligent operation of appellant’s train.
The facts, briefly stated, are about as follows: “Plaintiff’s mule and another animal were grazing, one on the side of defendant’s track and one on the track, when a train was approaching; when within from 200 to 400 yards of the animals, the whistle was sounded, and the engineer immediately commenced to reduce the speed of his train. Plaintiff’s mule started down the track, and ran into a culvert or trestle. The other left the track, and the…
2Cases cited3 opinions
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- Hot Springs Railroad v. NewmanSupreme Court of Arkansas · 1880
3Cited by8 opinions
- Clemens v. StateWisconsin Supreme Court · 1922
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- Home Federal Savings & Loan Ass'n v. Citizens Bank of JonesboroCourt of Appeals of Arkansas · 1993
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
- Southern Express Co. v. HillSupreme Court of Arkansas · 1907
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