Chitwood v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The plaintiff W. W. Chitwood sued the St. Louis, Iron Mountain & Southern Railway Company for damages alleged to have been sustained by the negligent killing of his horse, which occurred at a public crossing. W. W. Chitwood, for himself, testified: “The injury to my horse occurred about 6 or 7 o’clock in the morning on the 1st of April, 1911, at a railroad crossing in the town of Curtis.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The plaintiff W. W. Chitwood sued the St. Louis, Iron Mountain & Southern Railway Company for damages alleged to have been sustained by the negligent killing of his horse, which occurred at a public crossing. W. W. Chitwood, for himself, testified: “The injury to my horse occurred about 6 or 7 o’clock in the morning on the 1st of April, 1911, at a railroad crossing in the town of Curtis. The públie road there runs nearly parallel to the railroad and about 150 feet from it, when it turns at a point estimated by…
1Opinion of the Court
Hart, J.,
(after stating the facts). Under section 6773 of Kirby’s Digest, placing responsibility upon railroads where injury is done to persons or property by the running of trains, a prima facie case of negligence is made out against the company operating the train by proof of the injury. Kansas City So. Ry. Co. v. Davis, 83 Ark. 217.
The only remaining question is whether or not the plaintiff was guilty of contributory negligence. . The court directed a verdict for the defendant, and, in testing the correctness of its action in this respect, the evidence must be viewed in its most favorable…
2Cases cited3 opinions
- Railway Co. v. AmosSupreme Court of Arkansas · 1891
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. StacksSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Mo. Pac. R.R. v. HarelsonSupreme Court of Arkansas · 1964
- St. Louis, Iron Mountain & Southern Railway Co. v. RoddySupreme Court of Arkansas · 1913