Saint Louis Southwestern Railway Co. v. Bowen
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. George M. Ci-iaprine, Judge. Suit by W. C. Bowen against St. Louis Sbuthwestern Railway Company to recover damages caused by the killing of plaintiff’s horse by engine and train of defendant at a highway crossing. Plaintiff recovered, and defendant appealed. The.third instruction was misleading.
Read the full summary
Appeal from Arkansas Circuit Court. George M. Ci-iaprine, Judge. Suit by W. C. Bowen against St. Louis Sbuthwestern Railway Company to recover damages caused by the killing of plaintiff’s horse by engine and train of defendant at a highway crossing. Plaintiff recovered, and defendant appealed. The.third instruction was misleading. The jury were told, in effect, that, in defending against the presumption of negligence, etc., they could consider whether or not the railroad servants kept a lookout over the right of way, instead of the track. 48 Ark. 366; 52 Id. 62; Acts 1891, p'. 213; 60 Ark.…
1Opinion of the CourtHire, C. J.
This case is brought here to review the following instruction: “Ordinary care in the management of their trains is the measure of vigilance which the law exacts of railroad companies to avoid injury to domestic animals, and this means practically that companies’ servants are to use all reasonable efforts to avoid harming an animal after it is discovered, or might by proper watchfulness be discovered, in or near the track; and if you believe from the .evidence that the defendants kept a constant lookout for stock along their right of way, and that, after seeing the horse or by proper…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- Williams v. StateSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897
3Cited by3 opinions
- Burnett v. StateSupreme Court of Arkansas · 1906
- Taylor v. EvansSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. RichardsonSupreme Court of Arkansas · 1908