St. Louis Southwestern Railway Co. v. Russell
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. Appellees filed their complaint, containing thirty-nine paragraphs, in each of which they alleged the negligent killing of certain live-stock, giving the description and value of each animal killed, and the respective date of the killing. They alleged a failure to comply with sec. 6350, Sand. & H. Dig., and asked for double damages.
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Appeal from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. Appellees filed their complaint, containing thirty-nine paragraphs, in each of which they alleged the negligent killing of certain live-stock, giving the description and value of each animal killed, and the respective date of the killing. They alleged a failure to comply with sec. 6350, Sand. & H. Dig., and asked for double damages. Motions were made to make more specific and to strike, but these have not been urged here. The answer was a denial of all the material allegations, admitted the killing of certain…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The only question we find it necessary to discuss is presented by the cqurt’s refusing to give the following asked by the appellant: “No. 2. The jury are instructed that while it is the duty of a railroad company, to the owner of stock which may have come upon its track without negligence on the part of the owner, that the employees in charge of its trains shall keep a lookout for the purposes of discovering said stock, and, after discovery, that said employees use all proper and available means to prevent the striking of said stock, still, it is not…
2Cases cited1 opinion
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897
- St. Louis Southwestern Railway Co. v. ConeSupreme Court of Arkansas · 1914
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