McDonnell v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; statement by the court. Appellants sued appellee for damages in the killing of a mule belonging to appellant Bene, -and on which appellant McDonnell held a mortgage. The testimony on behalf of appellants tended to prove that the mule of appellant Bene was found lying close to appellant’s railroad, badly injured, and showing evidences of having been struck by appellant’s train.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; statement by the court. Appellants sued appellee for damages in the killing of a mule belonging to appellant Bene, -and on which appellant McDonnell held a mortgage. The testimony on behalf of appellants tended to prove that the mule of appellant Bene was found lying close to appellant’s railroad, badly injured, and showing evidences of having been struck by appellant’s train. There were mule tracks in and about the railroad bed as if a mule had been grazing there. There were tracks that indicated that the mule had come upon the…
1Opinion of the Court
Wood, J.,
(after sating the facts). It is reversible error for the trial court to direct a verdict for one part}7 where there is any substantial evidence to warrant a verdict for the other parry. The trial court can not take from the jury its prerogative to determine disputed questions of fact. St. Louis, I. M. & S. Ry. Co. v. Petty, 63 Ark. 94; Wallis v. St. Louis, I. M. & S. Ry. Co., 77 Ark. 536; State v. Caldwell, 70 Ark. 74; Hutchinson v. Gorman, 71 Ark. 303; LaFayette v. Merchants’ Bank, 73 Ark. 361; Neal v. St. Louis, I. M. & S. Ry. Co., 71 Ark. 446; Crawford v. Sawyer & Austin Lbr. Co.,…
2Cases cited4 opinions
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- State v. CaldwellSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. PettySupreme Court of Arkansas · 1896
- Crawford v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1909
3Cited by18 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Twist v. MullinixSupreme Court of Arkansas · 1916
- American Company of Arkansas v. BakerSupreme Court of Arkansas · 1933
- Stone v. MatthiesIdaho Supreme Court · 1930
- McIlroy v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1911
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