Railway Co. v. Sageley
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Sageley sued the St. Louis & San Francisco Railway Company to recover damages in the sum of one hundred dollars, the value of a horse alleged to have been negligently killed by defendant’s train. The questions which arise in the case are sufficiently stated in the opinion. The jury awarded to the plaintiff the amount of damages sought.
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Appeal from Crawford Circuit Court. Sageley sued the St. Louis & San Francisco Railway Company to recover damages in the sum of one hundred dollars, the value of a horse alleged to have been negligently killed by defendant’s train. The questions which arise in the case are sufficiently stated in the opinion. The jury awarded to the plaintiff the amount of damages sought. Defendant has appealed. 1. The price plaintiff paid for the horse was competent evidence. 16 S. W. Rep. 576 ; 54 Ark. 554 ; 46 id. 93 ; 47 id 497, 500, 501. 2. The fact that a horse is found wounded or dead near the track…
1Opinion of the CourtHemingway, J.
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■ The plaintiff testified in his own behalf, and upon cross-examination the defendant asked what he paid for the horse and of whom he bought it. The question was objected to by his attorney, and he answered that he paid $45 for it and bought it of one Foster. The court excluded the answer, and the defendant excepted. Was it admissible? It is certainly true that the value of the horse when it was killed, and not what plaintiff paid for it, was the measure of his damages ; but as the witness had given his opinion as to the value of the horse, we think the question came within…
2Cases cited2 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Gaither v. WassonSupreme Court of Arkansas · 1883
3Cited by6 opinions
- Railway Co. v. SheltonSupreme Court of Arkansas · 1893
- Ft. Smith & W. Ry. Co. v. BensonSupreme Court of Oklahoma · 1910
- Little Rock & Fort Smith Railway Co. v. WilsonSupreme Court of Arkansas · 1899
- Midland Valley Railroad v. SkinnerSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. StitesSupreme Court of Arkansas · 1906
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