Kansas City Southern Railway Co. v. Thomas
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; The act of 1907, read to the jury .by the court, has no application to this case. There is no testimony upon which to base such an instruction. No testimony to show how the fire originated, nor that any agent or representative of appellant was guilty of any negligence in failing to put it out.
Read the full summary
Appeal from Little River Circuit Court; James S. Steel, Judge; The act of 1907, read to the jury .by the court, has no application to this case. There is no testimony upon which to base such an instruction. No testimony to show how the fire originated, nor that any agent or representative of appellant was guilty of any negligence in failing to put it out. Since the act Changes the rule of the common law and is highly penal in its nature, it must be strictly construed. 59 Ark. 356; 71 Ark. 561.
1Opinion of the CourtHart, J.
This is an appeal by the Kansas City Southern Railway Company from a judgment rendered against it in favor of T. A. Thomas for the sum of $75 for damages .alleged to have been sustained by reason of the destruction of his property by fire by the railway company. The defendant railway company •has duly prosecuted an appeal to this court.
The plaintiff’s home was in the State of Texas, a few miles west of the station of Ravana, in the State of Arkansas. He purchased a ticket over the St. Louis & San Francisco Railroad Company from a station in the State of Oklahoma to Ashdown, in the State of…
2Cases cited2 opinions
- Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
- Little Rock & Fort Smith Railway Co. v. HunterSupreme Court of Arkansas · 1883
3Cited by6 opinions
- Clark v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1918
- Commodity Credit Corp. v. American Equitable Assurance Co.Supreme Court of Arkansas · 1939
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
- Chicago, Rock Island & Pacific Railroad v. HarrisSupreme Court of Arkansas · 1955
- Jonesboro, Lake City & Eastern Rd. v. DavenportSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.