Memphis & Little Rock Railroad v. Carlley
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. J. N. Cypert, Circuit Judge. This is an action-for injuries to stock, under act of February 3, 1875. 1. Owners of stock injured, who have actual notice of the injury, can not recover double damages, where no notice is posted. N o man can add to his damages by his-own acts, as by waiting until the time for posting expires, before making claim, in order to get double damages, etc. State ex rel.
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APPEAL from Prairie Circuit Court. Hon. J. N. Cypert, Circuit Judge. This is an action-for injuries to stock, under act of February 3, 1875. 1. Owners of stock injured, who have actual notice of the injury, can not recover double damages, where no notice is posted. N o man can add to his damages by his-own acts, as by waiting until the time for posting expires, before making claim, in order to get double damages, etc. State ex rel. Rice v. Powell, 44 Mo., 436; Wright v. M. ¿'I. Tel. Go., 20 Iowa, 196; Thompson v. Shattuek, 2 Mete., 616; G. R. Go. v. Rogers, 24 Ind., 103; Damon v. Laker, 17…
1Opinion of the CourtSmith, J.
These were actions against the railroad company for the negligent killing of the plaintiff’s live stock. In the printed argument filed for the company no question is made of its liability for the value of the animals. But it is contended that the plaintiff, having acquired actual knowledge of the killing within a week after it happened, is not entitled to double damages on account of the failure to advertise the killing.
The principal object in requiring a description of stock killed or injured by the operation of the trains undoubtedly is to apprise the owner of his loss, and to assist him in…
2Cases cited1 opinion
- Hurst v. SelvidgeTennessee Supreme Court · 1847
3Cited by9 opinions
- Stoner v. HoustonSupreme Court of Arkansas · 1979
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Railway Co. v. B'ShearsSupreme Court of Arkansas · 1894
- Dewell v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
- Fahrney v. KellyU.S. Circuit Court for the District of Western Arkansas · 1900
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