Railway Co. v. Thomason
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Fdward S. McDaniel, Judge. Action by Thomason against the St. Uouis & San Francisco Railway Co. The facts are stated in the opinion. 1. Defendant admitted the ownership and the injury by the railway company. This made a frimafacie case for plaintiff, and threw the burden of proof on defendant. 39 Ark. 413; Mansf.
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Appeal from Washington Circuit Court. Fdward S. McDaniel, Judge. Action by Thomason against the St. Uouis & San Francisco Railway Co. The facts are stated in the opinion. 1. Defendant admitted the ownership and the injury by the railway company. This made a frimafacie case for plaintiff, and threw the burden of proof on defendant. 39 Ark. 413; Mansf. Dig. sec. 2871; 32 id. 593; 30 id. 285-297. Having the burden of proof, defendant was entitled to open and conclude the argument. Mansf. Dig. sec. 5131, subd. 6; 13 Ark. 474-479. And it was reversible error to deny this right. 29 Ark. 151-3; 32…
1Opinion of the CourtWood, J.
Appellee obtained judgment against appellant for $85, for killing and injuring stock. The record shows: “The defendant, in open court, agreed to admit that the plaintiff’s horse was of the value of $75, and that same had been killed as alleged, and that plaintiff’s mule was struck by defendant’s train at same time and place, and damaged to the extent of ten dollars, and offered to take the burden of proof. Thereupon, without objection, defendant proceeded to pass upon the jury; and, having passed upon same, plaintiff also passed upon the jury, and, also without objection from plaintiff or his…
2Cases cited2 opinions
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1883
- Little Rock & Fort Smith Railway Co. v. HensonSupreme Court of Arkansas · 1882
3Cited by13 opinions
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- Fidelity & Casualty Co. v. First Bank of FallisSupreme Court of Oklahoma · 1914
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