Jonesboro, Lake City & Eastern Railway Co. v. Kilgore
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; STATEMENT OP PACTS. This action was brought by the appellee against the appellant for the alleged killing of appellee’s mare by one of appellant’s trains. It is alleged that the appellant ran one of its trains upon appellee’s mare and wrongfully and wilfully frightened her, causing her to run into a trestle on appellant’s road, which resulted in her death.
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Appeal from Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; STATEMENT OP PACTS. This action was brought by the appellee against the appellant for the alleged killing of appellee’s mare by one of appellant’s trains. It is alleged that the appellant ran one of its trains upon appellee’s mare and wrongfully and wilfully frightened her, causing her to run into a trestle on appellant’s road, which resulted in her death. The value of the animal was alleged to be $175. The appellant answered, denying the allegations of the complaint and admitting the allegations as to value. One…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The appellee does not allege that his mare was killed or wounded by contact or collision with appellant’s train running in this State, nor does the testimony of the appellee tend to prove that the animal in controversy was struck by the running of a train. Therefore, sections 6776 and 6781 of Kirby’s Digest have no application to the facts of this record.
The only issue is whether or not the proximate cause of the injury and death of appellee’s mare was the negligence of the employees of the appellant. Earl v. St. L., I. M. & S. Ry. Co., 84 Ark. 507-10.
The…
2Cases cited2 opinions
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- Earl v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907