Supreme Court of Arkansas, 1900

St. Louis, Iron Mountain & Southern Railroad v. Landers

St. Louis, Iron Mountain & Southern Railroad v. Landers
Supreme Court of Arkansas · Decided March 3, 1900 · Wood
67 Ark. 514; 55 S.W. 940; 1900 Ark. LEXIS 145

St. Louis, Iron Mountain & Southern Railroad v. Landers

Opinion of the Court

Wood, J.,

(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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