Kansas City Southern Railway Co. v. Griffin
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. R. Haynié, Judge; A directed verdict should have been given for defendant. No negligence whatever was proved and the evidence of the engineer was not contradicted but Corroborated by other witnesses.
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Appeal from Miller Circuit Court; Geo. R. Haynié, Judge; A directed verdict should have been given for defendant. No negligence whatever was proved and the evidence of the engineer was not contradicted but Corroborated by other witnesses. The presumption of negligence was clearly overcome. 7i8 Ark. 234; 66 Id. 439; 67 Id. 514; 89 Id. 120; 53 Id. 96; 69 Id. 659; 122 Id. 445. The evidence shows that the engineer was not keeping a proper lookout and that no stock alarm was sounded. 118 Ark. 580; 68 Id. 32. It was raining very hard and the train was running at a high rate of speed. Ill Ark. 137;…
1Opinion of the CourtWood, J.
This action was brought by the appellee against the appellant to recover damages which the appellee alleged he ¡sustained by reason of the negligence of the servants and employees of appellant in running one of its trains over the mules of appellee, thereby killing same.
The answer denied the material allegations of the complaint.
The appellee testified that on the morning of the 16th of January, 1919, he found two of his mules dead on the right-of-way of the appellant, just one-qnarter of a mile north of the town of Ravana, between the mile posts 12 and 13 in Miller County, Arkansas. They were…
2Cases cited12 opinions
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- Railway v. ShoecraftSupreme Court of Arkansas · 1890
- Kansas City, Fort Scott & Memphis Railway Co. v. KingSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. CostelloSupreme Court of Arkansas · 1900
- Kansas City Southern Railway Co. v. WhitleySupreme Court of Arkansas · 1919
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3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929