Little Rock & F. S. R. R. v. Clifton
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Clifton and Pace recovered judgment against the appellant before a justice of the peace, in Eaulkner county, for $35.00, for negligently killing two oxen in the running of' their train. The defendant appealed to the Circuit Court,. and on the trial there, it was proved, among other things, ■and admitted by the parties, that the killing occurred in Pulaski county.
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APPEAL from Faulkner Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Clifton and Pace recovered judgment against the appellant before a justice of the peace, in Eaulkner county, for $35.00, for negligently killing two oxen in the running of' their train. The defendant appealed to the Circuit Court,. and on the trial there, it was proved, among other things, ■and admitted by the parties, that the killing occurred in Pulaski county. The defendant asked, among others, the following Instructions: 2. “That it devolves upon the plaintiffs to prove that "the injury complained of occurred…
1Opinion of the CourtHarrison, J.
It was agreed upon the trial, and there was also direct and positive evidence of the fact, that the injury for which the suit was brought occurred in Pulaski county. Section 4 of the act of February 3, 1875, in relation to the killing or wounding of stock by railroads is as .follows : “Sec. 4. Any person who owns stock as aforesaid, in his own right, or who has a special ownership therein, haviug any such horses, mules, cattle, or other stock, ■killed or wounded by any railroad train running in the State, may sue the company running such train for the damages sustained by such killing or…
2Cited by8 opinions
- Cook, Comm. of Revenues v. Ark.-Mo. Power Corp.Supreme Court of Arkansas · 1946
- Little Rock & Fort Smith Railway Co. v. JamisonSupreme Court of Arkansas · 1902
- Kansas City Southern Railway Co. v. IngramSupreme Court of Arkansas · 1906
- Horn v. School District No. 23 of Searcy CountySupreme Court of Arkansas · 1948
- Byler v. StateSupreme Court of Arkansas · 1991
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