St. Louis Southwestern Railway Co. v. O'Hare
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Bugene Lankford, Judge; 1. The prima facie case of negligence made by proof of the killing was clearly overcome by the testimony of the engineer. 78 Ark. 234; 48 Id. 366. 2. The verdict should be set aside for insufficiency of the evidence. 67 Ark. 514; 80 Id. 514; no S. W. 595. I. The doctrine laid down in Ry.
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Appeal from Monroe Circuit Court; Bugene Lankford, Judge; 1. The prima facie case of negligence made by proof of the killing was clearly overcome by the testimony of the engineer. 78 Ark. 234; 48 Id. 366. 2. The verdict should be set aside for insufficiency of the evidence. 67 Ark. 514; 80 Id. 514; no S. W. 595. I. The doctrine laid down in Ry. Co. v. Hendricks, 53 Ark. 203, governs this case. 2. The bell was not rung as required by law. 3. The testimony is ample to sustain the judgment. 58 Ark. 521-2; 80 Id. 273-4.
1Opinion of the CourtHart, J.
This is an appeal by the railway company from a judgment recovered against it in the Monroe Circuit Court by J. N. O’Hare for killing his horse. The railway company admitted that the horse was struck and killed by one of its trains, but sought to overcome by testimony the prima facie case of negligence against it. For this purpose W. A. Lee, the engineer, testified -substantially as follows:
“Had been a locomotive engineer for about twenty-three years; he was, on the morning of the 20th of February, 1908, engineer on passenger train No. 4, going north; about 3:30 a. m. on arriving at Keevil he…
2Cited by3 opinions
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