St. Louis, Iron Mountain & Southern Railway Co. v. Courtney
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Z. T. Wood, Judge; 1. Testimony of the husband was incompetent. Kirby’s Digest, § 3095; 31 Ark, 684; 33 Ark. 207; 33 Ark. 259; 33 Ark. 861; 34 Ark. 663. He cannot establish agency by his own declaration. 44 Ark. 213; 2 Whart. Ev. § 1284; 43 Ark. 298; 71 Ark. 192. 2. The statutory presumption of negligence was overcome by undisputed testimony.
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Appeal from Chicot Circuit Court; Z. T. Wood, Judge; 1. Testimony of the husband was incompetent. Kirby’s Digest, § 3095; 31 Ark, 684; 33 Ark. 207; 33 Ark. 259; 33 Ark. 861; 34 Ark. 663. He cannot establish agency by his own declaration. 44 Ark. 213; 2 Whart. Ev. § 1284; 43 Ark. 298; 71 Ark. 192. 2. The statutory presumption of negligence was overcome by undisputed testimony. Darkness and rain are circumstances the jury may take into consideration in determining negligence. 36 Ark. 451; 37 Ark. 562. See also 67 Ark. 514, and cases cited. The testimony of the husband was competent. 30 Am. &…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment against the railway company for $280 as damages for killing two horses owned by the plaintiff, Mrs. E. E. Courtney.
We think there is evidence to support the verdict. It was shown that the horses of the plaintiff were struck by the train and killed. This under the statute made out a prima facie case in favor of plaintiff. The defendant put on the stand only one witness, and this witness was the engineer in charge of the train at the time of the accident. He said that the stock came on the track “about 100 feet ahead of the engine and right at the trestle.” The…
2Cited by7 opinions
- Ayres v. WrightCalifornia Court of Appeal · 1930
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. BiggsSupreme Court of Arkansas · 1930
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- Gardner v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1907
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