Little Rock & Fort Smith Railway Co. v. Henson
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. W. D. Jaco way, Circuit Judge. 1. The evidence plainly showed that there was no negligence on the part of appellant’s employés, but that everything in their power was done to avoid the injury, and the court should have instructed the jury to find for the defendant. The first instruction for plaintiff’ was erroneous.
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APPEAL from Pope Circuit Court. Hon. W. D. Jaco way, Circuit Judge. 1. The evidence plainly showed that there was no negligence on the part of appellant’s employés, but that everything in their power was done to avoid the injury, and the court should have instructed the jury to find for the defendant. The first instruction for plaintiff’ was erroneous. Reviews R. R. v. Duffie, 35 Ark., 602; R. R. v. Barker, 33 ib., 350; R. R. v. Payne, ib., 816, and cites R. R. v. Talbot, 13 Cent. Law Jour., p. 10. 2. The second instruction for plaintiff was erroneous; it involves the admission that there was…
1Opinion of the CourtSmith, J.
This was an action against a railway company for damage to live stock by the negligent operation of one of its trains. The plaintiff’s witness proved the killing and wounding of the animals, but not the circumstances thereof.
1. Negligence: Railroad killing stock. Presnmpti on. Rebuttal.
Under the act of February 8, 1875, this made a prima facie case that the injuries were caused by the train and devolved upon the company the burden of showing affirmatively that reasonable care bad been exercised. L. R. & Ft. S. Ry. v. Payne, 33 Ark., 816; M. & L. R. R. R. Co. v. Jones, 36 ib., 87; St. L., I.…
2Cited by6 opinions
- St. Louis Southwestern Railway Co. v. BrittonSupreme Court of Arkansas · 1913
- Railway Co. v. ThomasonSupreme Court of Arkansas · 1894
- Sherman v. Mo. Pac. R.R.Supreme Court of Arkansas · 1964
- Bell v. MisenheimerCourt of Appeals of Arkansas · 2008
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886
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