Opinion · Supreme Court of Arkansas
Railway v. Dick
52 Ark. 402
- Type
- Opinion
- Court
- Supreme Court of Arkansas
- Jurisdiction
- Arkansas
- Date
- 1889-11-15
- Topic
- general
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.
Citator
UpLaw has not yet analyzed Railway v. Dick. The absence of a flag is not a finding that it is good law.
- Cited by
- 1 opinion
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.