Mahor v. Kansas City Southern Railway Co.
Supreme Court of Arkansas
Appeal from Polk Circuit Court; George R. Haynie, Judge ou exchange; STATEMENT OE EACTS. On September 19, 1918, one of the defendant’s passenger engines ran into and killed a steer at Rich Mountain station in Polk County, Arkansas. C. H. Mahor was the owner of the steer and sued the railroad company to recover damages.
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Appeal from Polk Circuit Court; George R. Haynie, Judge ou exchange; STATEMENT OE EACTS. On September 19, 1918, one of the defendant’s passenger engines ran into and killed a steer at Rich Mountain station in Polk County, Arkansas. C. H. Mahor was the owner of the steer and sued the railroad company to recover damages. A witness for the plaintiff testified that he heard the engine whistle for the station one morning at about four o’clock and saw it run into and kill the steer. The steer was standing between the rails about 500 feet north of the depot and had his head toward the depot. There…
1Opinion of the CourtHart, J.
(after stating the facts). According to the testimony of the engineer, he was keeping a lookout as the engine approached the point where the steer is said to have been struck by the engine and killed. There was a sharp curve in the track there, and on that account he could not see anything on the track at the point where the steer was killed. A demonstration was made by the engineer at a later date, and he testified that he could not see a man on' the.track at that point from the engine. His tesimony was corroborated by that of another person who was on the engine with him.
According to the…
2Cases cited1 opinion
- Fenton v. De Queen & Eastern Railway Co.Supreme Court of Arkansas · 1912