St. Louis Southwestern Railway Co. v. Cone
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Geo. W. Hays, Judge; 1. Employees are required to use only ordinary care to prevent injury to stock. 89 Ark. 121. At least the question of negligence should have been left to the jury. 2. The statute allowing attorney’s fee is unconstitutional. 224 U. S. Sup. Ct.
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Appeal from Calhoun Circuit Court; Geo. W. Hays, Judge; 1. Employees are required to use only ordinary care to prevent injury to stock. 89 Ark. 121. At least the question of negligence should have been left to the jury. 2. The statute allowing attorney’s fee is unconstitutional. 224 U. S. Sup. Ct. Rep. 354, 56 S. E. 799. 1. The Supreme Court will not explore the record for errors; the appellant must set forth in his abstract the errors relied on, or this court will affirm. 103 Ark. 430; 101 Id. 207; 93 Id. 93; 95 Id. 123; 83 Id. 352. 2. The court properly directed a verdict. Kirby’s Dig., §…
1Opinion of the CourtSmith, J.
Appellee brought this suit to recover the value of a certain hog owned by him, which was killed by one of the appellant’s trains, and in addition to the damages for the value of the hog he also sued for a reasonable attorney’s fee.
It is not denied that the hog was killed by the train, neither is it questioned that the claim for damages was presented more than thirty days before the institution of the suit, and the judgment rendered was for the amount of the claim presented to appellant, which was also the amount for which the suit had been brought. Appellee asked that an attorney’s fee of $25…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Little Rock & Hot Springs Western Railroad v. McQueeneySupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1896
- Kansas City Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. DavisSupreme Court of Arkansas · 1910
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3Cited by5 opinions
- Jackson v. McCuistonSupreme Court of Arkansas · 1969
- Scott v. Wisconsin & Arkansas Lumber Co.Supreme Court of Arkansas · 1921
- Mo. Pac. R.R. v. HarelsonSupreme Court of Arkansas · 1964
- Clark v. FriendSupreme Court of Arkansas · 1927
- Lusk v. CooperSupreme Court of Arkansas · 1917