St. Louis, Iron Mountain & Southern Railway Co. v. Stites
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; 1. As to double damages, the right of action is barred by the statute.
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Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; 1. As to double damages, the right of action is barred by the statute. Kirby’s Digest, § 6776; 38 Ark. 205. 2. In the absence of proof or admis'sion that the mule was killed by the running of defendant’s train, no presumption of negligence arises against the defendant. 33 Ark. 819; 68 Ark. 177. The fact that a dead animal was found near the railroad track raises no presumption either that it was killed, or, if killed, that it was done on the track or by a train. 56 Ark. 549; 42 Ark. 126 ; 60 Ark. 189. ■ 1. The question as to…
1Opinion of the CourtMcCulloch, J.
This is an action brought by the plaintiff, G. A. Stites, against the St. Louis, Iron Mountain & Southern Railway Company, to recover the value of a mule owned by plaintiff which is alleged to have been run over and killed by the negligent act of the defendant’s servants in the operation of a train. Double damages are claimed on account of the alleged failure of the defendant’s servants to post a notice of the killing at the nearest station house, as required by statute.
Judgment was rendered in favor of the plaintiff for $200, double the value of the animal as found by the jury, and the…
2Cases cited2 opinions
- Gaither v. WassonSupreme Court of Arkansas · 1883
- Railway Co. v. SageleySupreme Court of Arkansas · 1892
3Cited by3 opinions
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913
- St. Louis-San Francisco Railway Co. v. GraySupreme Court of Arkansas · 1923
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907