St. Louis, Iron Mountain & Southern Railway Co. v. Ewing
Supreme Court of Arkansas
. Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The plaintiff, W. T. Ewing, filed his complaint in the Clark Circuit Court, alleging that the defendant, St. Louis, Iron Mountain & Southern Railway Company, was a corporation, operating a line of railroad through Clark County, Arkansas, that on or about the 1st of December, 1905, through its negligence and carelessness, it ran over and killed a bay mare about nine years old, of the value of…
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. Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. The plaintiff, W. T. Ewing, filed his complaint in the Clark Circuit Court, alleging that the defendant, St. Louis, Iron Mountain & Southern Railway Company, was a corporation, operating a line of railroad through Clark County, Arkansas, that on or about the 1st of December, 1905, through its negligence and carelessness, it ran over and killed a bay mare about nine years old, of the value of $100, belonging to plaintiff, and that defendant failed to post the killing of said mare; and prayed double damages for…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant claim that the first instruction is erroneous because it is a charge with regard to matters of fact. It was incumbent upon appellee to show that the death of the animal was occasioned by the train of appellant, in order to raise the statutory presumption of negligence. Ry. Co. v. Parks, 60 Ark. 189. There was no eye witness to the killing, and the circumstances detailed in the first instruction were proved to show that the horse was killed by appellant’s train. These facts were undisputed, and were all the testimony on that point, and…
2Cited by1 opinion
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