Chicago, Rock Island & Pacific Railway Co. v. Butler
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; The verdict is excessive and under the undisputed evidence, no liability was shown. 84 Ark. 311. No negligence was shown, nor proof of overloading or crowding. The facilities were ample and the plaintiff had charge of the loading. He knew the train would not arrive until 9 o’clock. The verdict is not supported by the evidence. The verdict is not excessive and is .amply .supported by the evidence.
Read the full summary
Appeal from Grant Circuit Court; W. H. Evans, Judge; The verdict is excessive and under the undisputed evidence, no liability was shown. 84 Ark. 311. No negligence was shown, nor proof of overloading or crowding. The facilities were ample and the plaintiff had charge of the loading. He knew the train would not arrive until 9 o’clock. The verdict is not supported by the evidence. The verdict is not excessive and is .amply .supported by the evidence. Negligence was shown. 88 Ark. 138.
1Opinion of the CourtSmith, J.
This suit was brought to recover damages to a carload of cattle, sustained by reason of the negligence of the railway company in having the cattle loaded and held for so long a time at Fordyce, Arkansas, the point of origin of the shipment, before moving, that seventeen head got down in the car, as a result of which one died and was removed from the car before it was moved, four others died subsequently, and several were badly crippled. Plaintiff .sued for $150, and recovered judgment for $100. It is said that the verdict is excessive, and that under the undisputed evidence a verdict should…
2Cases cited5 opinions
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1908
- McAlister v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Missouri, Kansas & Texas Railway Co. v. ClarkCourt of Appeals of Texas · 1904
- Illinois Central Railroad v. PetersonMississippi Supreme Court · 1891
- St. Louis Southwestern Railway Co. v. MitchellSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Campbell v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1928
- Missouri & North Arkansas Railway Co. v. PottsSupreme Court of Arkansas · 1928
- Missouri Pacific Railroad v. BurnettSupreme Court of Arkansas · 1923