Railway Co. v. Knott
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. Appeal from a judgment for the recovery of damages for a trespass committed by the employees of defendant, the St. Louis, Arkansas and Texas Railway Company, “by throwing down the fences on and around plaintiff’s farm, both on and off the right of way.” The facts are stated in the opinion.
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APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. Appeal from a judgment for the recovery of damages for a trespass committed by the employees of defendant, the St. Louis, Arkansas and Texas Railway Company, “by throwing down the fences on and around plaintiff’s farm, both on and off the right of way.” The facts are stated in the opinion. The injuries or trespasses complained of were committed by Holman & Son, sub-contractors, who were not servants of the company. A railroad company is not liable for injuries occasioned by the trespass or negligence of the servants or laborers…
1Opinion of the CourtMansfield, J.
1. Railway’s-fencing.keep up At the time of the injury complained of the plaintiff held the lands on which the alleged trespass was committed as the tenant of John Taylor. The latter had previously granted to the defendant company a right of way over the lands for its road. Whether such grant was made before or after the lease to the plaintiff, is not shown by either the pleadings or the evidence. The lease was for only one year, and was probably by parol. But if it was prior to the defendant’s purchase of the right 'of way, and the plaintiff was in the actual possession of the lands at the…
2Cases cited4 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Blumb v. City of KansasSupreme Court of Missouri · 1884
- McKinley v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1890
- Ullman v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
- Fort Smith Suburban Railway Co. v. MaledonSupreme Court of Arkansas · 1906
- Caststeel v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907