Kansas City Southern Railway Co. v. Edwards
Supreme Court of Arkansas
Appeal from Benton Circuit Court; John N. Tillman, Judge; statement by the court. This was an action to recover the value of a cow alleged to have been negligently killed by appellant. The proof tended to show that appellee’s cow, valued at $35, was killed on the railroad track by appellant’s train.
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Appeal from Benton Circuit Court; John N. Tillman, Judge; statement by the court. This was an action to recover the value of a cow alleged to have been negligently killed by appellant. The proof tended to show that appellee’s cow, valued at $35, was killed on the railroad track by appellant’s train. To overcome the presumption of negligence raised by this proof, appellant’s engineer and fireman, who were in charge of the engine that killed appellee’s cow, testified, in substance, that they were keeping a lookout; that the cow was first discovered by the fireman on the track about 200 feet…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court did not err in refusing to direct a peremptory verdict for appellant. The question of negligence was for the jury, and it was submitted upon correct instructions, and the evidence was ample to sustain the verdict. Indeed, so patent was the conflict in the testimony, and so purely was this a question of fact for the jury, that it appears to us that the appeal in this case must have been taken for delay merely. The judgment is therefore affirmed with the statutory penalty in such cases. See St. Louis, M. & S. E. Rd. Co. v. Shannon, 76 Ark. 166; St.…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. CarlisleSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. KimberlainSupreme Court of Arkansas · 1905
- St. Louis, Memphis & Southeastern Railway Co. v. ShannonSupreme Court of Arkansas · 1905
- St. Louis & San Francisco Railroad v. ThompsonSupreme Court of Arkansas · 1905