St. L., I. M. & .S. Ry. v. Brown
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. H. B. Stewart, Judge. Three things are required in actions of tort for killing stock upon a railroad track, to constitute a good or prima facie cause of action against a railway company. 1. The stock must have been negligently killed or wounded and found dead or wounded on or near the track. Mansf. Dig., sec. 5544. 2. The killing or wounding must have been within one year.
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APPEAL from Clark Circuit Court. H. B. Stewart, Judge. Three things are required in actions of tort for killing stock upon a railroad track, to constitute a good or prima facie cause of action against a railway company. 1. The stock must have been negligently killed or wounded and found dead or wounded on or near the track. Mansf. Dig., sec. 5544. 2. The killing or wounding must have been within one year. Id., sec. 534.0. 3. The action for the injury to stock must be instituted in the county in which the animal was killed or injured. Id., sec. 55‡0. The third requirement, as above stated, is…
1Opinion of the CourtCockrill, C. J.
In July, 1886, Brown sued the railroad company on the following complaint:
“The plaintiff, Randolph Brown, states that the defendant, the St. Louis, Iron Mountain and Southern Railway Company, is indebted to him in the sum of one hundred and three dollars, for damages done to personal property, particulars of which are set out in an account herewith filed, leaving due and unpaid the sum above mentioned. Wherefore he prays judgment for one hundred and three dollars as above claimed, and for other relief.’’
Appended to the complaint was a statement charging the company, in separate items, with…
2Cases cited1 opinion
- Devor v. RerickIndiana Supreme Court · 1882
3Cited by6 opinions
- Rogers v. OgburnSupreme Court of Arkansas · 1915
- Williams v. PurdySupreme Court of Arkansas · 1954
- McCollum v. NeimeyerSupreme Court of Arkansas · 1920
- Gatlin v. VautCourt Of Appeals Of Indian Territory · 1906
- State, Use Glover v. McIlroy.Supreme Court of Arkansas · 1938
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