Legal Opinion

Railway Co. v. Chambliss

Supreme Court of Arkansas

Decided February 14, 1891PublishedCited by 6 opinions

APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. Appeal from a judgment for the recovery of damages for a horse killed by the defendant company’s train.

1Opinion of the CourtHemingway, J.

The plaintiff proved that her horse was killed by the operation of defendant’s cars. She thereby cast upon it the burden of excusing the killing.

If the jury had believed the testimony of the defendant’s engineer, its duty would have been plain to find a verdict for the defendant. Was it warranted in disbelieving his testimony?

stock-kiiiing Titness.blhty ° As we understand the law, it warrants a jury in disregarding the statements of a witness which it does not believe to be true, whenever such disbelief fairly arises—whether because the statements involve impossibilities, or what, according…

2Cases cited1 opinion

  1. Evans v. LipscombSupreme Court of Georgia · 1860

3Cited by6 opinions

  1. Davis v. WyskupSupreme Court of Oklahoma · 1923
  2. St. Louis Southwestern Railway Co. v. HutchisonSupreme Court of Arkansas · 1906
  3. Untiedt v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1969
  4. Chicago, Rock Island & Pacific Railroad v. WilliamsSupreme Court of Arkansas · 1952
  5. Chicago, Rook Island & Pacific Railroad v. ReevesSupreme Court of Arkansas · 1950

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