Railway v. Dick

Supreme Court of Arkansas

Railway v. Dick

52 Ark. 402

CourtSupreme Court of Arkansas

DecidedNovember 15, 1889

StatusPublished

Cited by1 cases

This text of 52 Ark. 402 (Railway v. Dick) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Railway v. Dick, 52 Ark. 402 (Ark. 1889).

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Opinion

Per Curiam.

Negligence. The company having permitted cotton-seed to accumulate on or about its track, was under obligation to maintain reasonable care to prevent injury to stock attracted thereby. Jones v. Nichols, 46 Ark., 207; Ry. v. Kirksey, 48 Ark., 366; Crafton v. Ry., 55 Mo., 580; Page v. Ry., 71 N. C., 222.

The burden was upon the company to overcome the prima facie case of negligence made by the killing, by showing that its servants had used the degree of care indicated by the charge, to avert the injury. The proof does not show that state of case, and the judgment will be affirmed.

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Per Curiam.

Negligence. The company having permitted cotton-seed to accumulate on or about its track, was under obligation to maintain reasonable care to prevent injury to stock attracted thereby. Jones v. Nichols, 46 Ark., 207; Ry. v. Kirksey, 48 Ark., 366; Crafton v. Ry., 55 Mo., 580; Page v. Ry., 71 N. C., 222.

The burden was upon the company to overcome the prima facie case of negligence made by the killing, by showing that its servants had used the degree of care indicated by the charge, to avert the injury. The proof does not show that state of case, and the judgment will be affirmed.

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Bluebook (online)

52 Ark. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railway-v-dick-ark-1889.

Opinion

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