St. Louis Southwestern Railway Co. v. Stanfield
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. Dogs were not property, except in a qualified and restricted sense, by the common law, and our statute has not changed the character of such property. A railroad is not liable for killing a dog unless it be done wantonly or maliciously. 75 Ga. 444; 58 Am. Rep. 476; 10 Rich.
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Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. Dogs were not property, except in a qualified and restricted sense, by the common law, and our statute has not changed the character of such property. A railroad is not liable for killing a dog unless it be done wantonly or maliciously. 75 Ga. 444; 58 Am. Rep. 476; 10 Rich. Daw, 52; 69 Ga. 447; 14 S. W. Rep. 691. A new trial should have been granted for newly discovered evidence, under secs.. 5842-3, Sand. & H. Dig. .
1Opinion of the CourtWood, J.
This suit was brought before a jtfstice of the peace for the alleged negligent killing of an “Irish setter dog,” valued at $95. Appellant' appeals from a judgment of the circuit court for $80. The demurrer to the complaint presents the question, “Is the railroad liable for the negligent killing of the dog?”
Under sec. 12, art. 22, of the constitution, and sec. 6349, Sand. & H. Dig., railroads are “responsible for all damages to property done or caused by the running of trains.” Dogs are property. As was said by the supreme court of New York: “Large amounts of money are now invested in dogs,…
2Cases cited5 opinions
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- Saint Louis, Arkansas & Texas Railway Co. v. HauksTexas Supreme Court · 1890
- Fink v. EvansTennessee Supreme Court · 1895
- Haywood v. StateSupreme Court of Arkansas · 1883
3Cited by10 opinions
- Lacker v. StraussMassachusetts Supreme Judicial Court · 1917
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- El Dorado & Bastrop Railway Co. v. KnoxSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. PhilpotSupreme Court of Arkansas · 1903
- St. Louis, Iron Mountain & Southern Railway Co. v. RhodenSupreme Court of Arkansas · 1909
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