St. Louis & San Francisco Railroad v. Wells
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. There was not sufficient evidence of negligence to warrant a recovery, and the court’s instruction upon the presumption of negligence from the fact of the animal’s death was erroneous. 50 Ark. 397; 34 Ark. ‘383; 39 Ark. 523'; 40 Ark. 375; 44 Ark. 208; 52 Ark. 26. The presumption is that the injury was from the viciousness of the stock. 5 Am. & Eng.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. There was not sufficient evidence of negligence to warrant a recovery, and the court’s instruction upon the presumption of negligence from the fact of the animal’s death was erroneous. 50 Ark. 397; 34 Ark. ‘383; 39 Ark. 523'; 40 Ark. 375; 44 Ark. 208; 52 Ark. 26. The presumption is that the injury was from the viciousness of the stock. 5 Am. & Eng. Enc. of L. (2 Ed.) 471 and notes. 2. The shipment was made under a valid written contract limiting the liability of tlie carrier, and under this contract no recovery could be had.…
1Opinion of the CourtMcCulloch, J.
This is an action against appellant railroad company to recover the value of a jack, alleged to be of the value of $240, shipped over defendant’s line from Fayetteville to Van Burén, Arkansas, there to be delivered to a connecting carrier. It is alleged in the complaint that by reason of negligence of defendant’s employee in the operation of the train the jack was killed while in transit and before arrival at Van Burén. The action was commenced more than a year after the shipment and death of the jack.
The defendant filed an answer denying that its servants were guilty of any negligence or…
2Cases cited4 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. MarshallSupreme Court of Arkansas · 1905
3Cited by13 opinions
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Ruebel Bros. v. American Express Co.Supreme Court of Iowa · 1920
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- Bartelt v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1910
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