Railway v. Dick

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

John S. Little, Judge. This is an action to recover the value of a bull killed by the defendant’s train. At the place where the animal was killed and within two or three feet of the track, there was a house used for storing cotton-seed for an oil-mill. The seed were loaded into the cars from the house by a chute, and in loading them, a considerable quantity would fall on the ground from the seed-house to the car.

Cited by 1 later decisions — most recently April 1925

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam.

¶1Negligence. 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.

¶2The 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.