St. Louis, Iron Mountain & Southern Ry. Co. v. Vincent
Supreme Court of Arkansas
APPEAL from Hot Spring Circuit Court. Hon. J. M. Smith, Circuit Judge. Court should have instructed the jury to find for the defendant, on the proof of due care; and the unavoidable nature of the accident was clear and uncontradicted. Vol. 5 Reporter, p. 636; 1 Red. L. of Railways, p. 477; Sher.
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APPEAL from Hot Spring Circuit Court. Hon. J. M. Smith, Circuit Judge. Court should have instructed the jury to find for the defendant, on the proof of due care; and the unavoidable nature of the accident was clear and uncontradicted. Vol. 5 Reporter, p. 636; 1 Red. L. of Railways, p. 477; Sher. Sp Red. on Neg.,p. 13; 1 Wall., 369; 11 How., 372; 19 ib., 269; 22 Wall., 253; 31 Miss., 176; 21 Barb., 489; 27 Vt., 643; 57 Penn., 172; 56 Ind., 294; 56 Ga., 73; 75 III, 577. Duty of railroads as to cattle, is to exercise reasonable care against injury when they are discovered to be on the track.…
1Opinion of the CourtEakin, J.
There were no pleadings in this case. It seems that Vincent sued the company before a justice of the peace, for the value of two oxen, and recovered $75. There was an appeal to the circuit court, the transcript from which shows, that there was a trial by a jury, which found for the plaintiff, and assessed his damages at $70, for which he had judgment with costs. There was a motion for a new trial, bill of exceptions and appeal. The grounds of the motion are, that the court erred in refusing certain instructions, and that the verdict is contrary to law, and not supported by evidence.
The…
2Cited by6 opinions
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
- Geren v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Gray v. MagnessSupreme Court of Arkansas · 1940
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
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