Little Rock & Ft. Smith Railway Co. v. Daniels
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. The leasing of the road of appellant company was authorized by statute.
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Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. The leasing of the road of appellant company was authorized by statute. Sand. & H. Dig., § 6338. The rule of liability for injuries, in cases where one railroad company leases the line of another, is that the lessee company is liable for all those injuries occasioned by the negligent operation of the road while under its control; and the lessor company, for all those injuries which flow from the negligent original construction of the line. ' 7 Am. & Eng. R. Gas. 656; Patt. Ry. Acc. Law, §§ Í30, 131; Hutch. Carriers, § 575; Wood,…
1Opinion of the CourtBattle, J.
A. E. Daniels commenced an action against the Little Rock & Fort Smith Railway Company, before a justice of the peace of Crawford county, to recover damages caused by the killing of his cow. He recovered a judgment, and the defendant appealed to the Crawford circuit court, and he recovered judgment against the company in the latter court for thirty five dollars.
The issues in the case were tried, and the judgment was recovered, upon the following agreed statements of facts: “It is agreed that the Little Rock & Fort Smith Railway is a railway corporation, organized under the laws of the state…
2Cases cited3 opinions
- Nugent v. Boston, Concord & Montreal RailroadSupreme Judicial Court of Maine · 1888
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- St. Louis, Wichita & Western Railway Co. v. CurlSupreme Court of Kansas · 1882
3Cited by6 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Little Rock & Fort Smith Railway Co. v. JamisonSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. ChappellSupreme Court of Arkansas · 1907
- Ackerman v. Cincinnati, Saginaw & Mackinaw RailroadMichigan Supreme Court · 1906
- Sorenson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
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