St. Louis, Iron Mountain & Southern Railway Co. v. Campbell
Supreme Court of Arkansas
Appeal from Lawrence 'Circuit Court, Eastern District; W. A. Cunningham, .Special Judge; STATEMENT BY THE OOUBT. C. C. Campbell, appellee, and nine others brought separate suits against the St. Louis, Iron Mountain & Southern Bailway Company, appellant, for damages for loss of their cattle alleged to have been caused by the negligence of the railroad company in transporting infected cattle from below the quarantine line across it and unloading them at Alicia, a point above…
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Appeal from Lawrence 'Circuit Court, Eastern District; W. A. Cunningham, .Special Judge; STATEMENT BY THE OOUBT. C. C. Campbell, appellee, and nine others brought separate suits against the St. Louis, Iron Mountain & Southern Bailway Company, appellant, for damages for loss of their cattle alleged to have been caused by the negligence of the railroad company in transporting infected cattle from below the quarantine line across it and unloading them at Alicia, a point above the line from which their cattle became infected with the fever and died. It appears from the testimony that a wreck…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that it had no knowledge that the cattle necessarily unloaded and collected at Alicia because of the injury to the car in which they were being shipped, were infected with the fever or carried the fever-producing tick, and that there is no evidence tending to show they -were brought from infected territory, nor sufficient to sustain the verdict, .and also that the court erred in giving-instruction numbered 2 for plaintiff.
In said instruction the court told the jury that if the railroad company had in charge a car of cattle from…
2Cases cited1 opinion
- Railway Co. v. GoolsbySupreme Court of Arkansas · 1894
3Cited by2 opinions
- Mintz v. BaldwinDistrict Court, N.D. New York · 1933
- Parker v. NicholasSupreme Court of Arkansas · 1931