L. R. & F. S. Railway Co. v. Trotter
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT. Trotter recovered judgment against the Little Rock and Fort Smith Railway Company before a Justice of the Peace, for an injury to his horse, and the Company appealed to the Circuit Court, where the case was tried de novo on the following evidence: The plaintiff and two other witnesses were present at the time of the injury, a short distance from the horse.
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APPEAL from Franklin Circuit Court. Hon. W. D. Jacoway, Circuit Judge. STATEMENT. Trotter recovered judgment against the Little Rock and Fort Smith Railway Company before a Justice of the Peace, for an injury to his horse, and the Company appealed to the Circuit Court, where the case was tried de novo on the following evidence: The plaintiff and two other witnesses were present at the time of the injury, a short distance from the horse. This horse and another were on the side of the road next to the river, and the road ran between the place where the horses were and the stable and house. The…
1Opinion of the CourtHarrison, J.
There was no evidence tending to prove that the train was not stopped in a reasonable time after the horses ran upon the track, or that the engineer wilfully ran the horse down, as was assumed in the fifth instruction given for the plaintiff.
The great public interests subserved by railroads require and demand dispatch in their business, and that trains be run on time, and prompt and punctual connections made; and to stop or delay a train unnecessarily, would be to fail in the company’s duty to the public.
It cannot for a moment be supposed that a train- should always be stopped, or its speed…
2Cases cited2 opinions
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
- Central Ohio Railroad v. LawrenceOhio Supreme Court · 1861
3Cited by13 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Railway Co. v. FergusonSupreme Court of Arkansas · 1892
- Ft. Smith W. R. Co. v. CollinsSupreme Court of Oklahoma · 1910
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1899
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