Legal Opinion

Lane v. Kansas City Southern Railway Co.

Supreme Court of Arkansas

Decided March 24, 1906PublishedCited by 4 opinions

Appeal from Polk Circuit Court; James S. Steel, Judge; STATEMENT by The court. Appellant sued the appellee for damages growing out of the alleged negligent killing by appellee of two mules, the property of appellant. The testimony on behalf of appellant by a witness to the accident was as follows: “From the point where I was sitting, the track looking in the direction of Mena was very nearly straight for as much as one and one-half miles or more.

Read the full summary

Appeal from Polk Circuit Court; James S. Steel, Judge; STATEMENT by The court. Appellant sued the appellee for damages growing out of the alleged negligent killing by appellee of two mules, the property of appellant. The testimony on behalf of appellant by a witness to the accident was as follows: “From the point where I was sitting, the track looking in the direction of Mena was very nearly straight for as much as one and one-half miles or more. I noticed the train when it first came in sight. When I stopped, I noticed the mules in question just below me in the direction of Rust Station.…

1Opinion of the Court

Wood, J.,

(after stating the facts.) There was no error in the court’s ruling. The cases of St. Louis S. W. Ry. Co. v. Costello, 68 Ark. 32, and St. Louis & S. F. Rd. Co. v. Carlisle, 75 Ark. 560, are not applicable. In those cases the statutory presumption of negligence arising from the killing was not overcome by the proof. On the contrary, the evidence in the latter case tended affirmatively to show negligence on the part of the railway company. The case at bar is ruled by the principle announced in St. Louis, I. M. & S. Ry. Co. v. Landers, 67 Ark. 514.

Here the statutory presumption of…

2Cases cited3 opinions

  1. St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
  2. St. Louis Southwestern Railway Co. v. CostelloSupreme Court of Arkansas · 1900
  3. St. Louis & San Francisco Railroad v. CarlisleSupreme Court of Arkansas · 1905

3Cited by4 opinions

  1. St. Louis-San Francisco Railway Co. v. ColeSupreme Court of Arkansas · 1930
  2. St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
  3. Davis v. PorterSupreme Court of Arkansas · 1922
  4. Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API