St. Louis, Iron Mountain & Southern Railroad v. Landers
This text of 55 S.W. 940 (St. Louis, Iron Mountain & Southern Railroad v. Landers) 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.
Opinion
(after stating the facts.) The prima facie case of negligence made by proof of the killing was clearly overcome by the testimony of the engineer and fireman, which was consistent and reasonable. The jury could not arbitrarily disregard it. K. C. F. S. & M. Ry. v. King, 66 Ark. 439; Ry. Co. v. Shoecraft, 53 Ark. 96; St. Louis S. W. Ry. Co. v. Russell, 62 Ark. 182; Memphis L. R. Bd. Co. v. Sanders, 43 Ark. 225; St Louis, I. M. & S. Ry. Co. v. Bragg, 66 Ark. 248; Cantrell v. K. C. M. & B. Ry. 14 Am. & Eng. Ry. Cases (N. S.), 30; Ga. M. & G. Ry. v. Harris, 83 Ga. 393.
Witnesses fox* plaintiff fail to establish any negligence whatever.
The judgment is reversed, axxd the cause is remanded for a new trial.
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Cite This Page — Counsel Stack
55 S.W. 940, 67 Ark. 514, 1900 Ark. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-iron-mountain-southern-railroad-v-landers-ark-1900.