Lusk v. Cooper
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. Under the evidence a peremptory instruction should have been given for defendants. A constant lookout was kept, and any presumption of negligence was overcome by the proof. Everything possible was done to avoid the injury after the horse was discovered. 39 Ark. 413; 40 Id. 336; 41 Id. 161; 53 Id. 96; 67 Id. 514. 2. The justice had no jurisdiction and the circuit court acquired none on appeal.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. Under the evidence a peremptory instruction should have been given for defendants. A constant lookout was kept, and any presumption of negligence was overcome by the proof. Everything possible was done to avoid the injury after the horse was discovered. 39 Ark. 413; 40 Id. 336; 41 Id. 161; 53 Id. 96; 67 Id. 514. 2. The justice had no jurisdiction and the circuit court acquired none on appeal. Const., art. 7, § 4; 44 Ark. 100; 45 Id. 346; 7 Id. 258; 13 Id. 40; 66 Id. 346; 77 Id. 582; 77 Id. 234; 11 Id. 309; 111 Id. 350; 114 Id.…
1Opinion of the CourtMoCULLOCH, C. J.
Appellee instituted this action before a justice of the peace of Crawford County against appellants, as receivers of the St. Louis & San Francisco Railroad Company, to recover $100, the value of a horse, alleged to have been killed through negligence in the operation of a train. In the complaint the value of the horse is alleged in the sum of $100, and the prayer of the complaint is that appellee “may have and recover the sum of $100 damages, and a reasonable attorney’s fee.” The case was tried in the circuit court on appeal and the trial resulted in a verdict in appellee’s favor for the sum…
2Cases cited3 opinions
- K. C., S. & Memphis R. R. v. SummersSupreme Court of Arkansas · 1885
- Kansas City Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1912
- St. Louis Southwestern Railway Co. v. ConeSupreme Court of Arkansas · 1914
3Cited by1 opinion
- Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920