St. Louis, I. M. & S. Ry. Co. v. Landers

• Decision Date: 03 March 1900
• Citation: 55 S.W. 940
• Parties: ST. LOUIS, I. M. & S. RY. CO. v. LANDERS.
• Court: Arkansas Supreme Court

55 S.W. 940

ST. LOUIS, I. M. & S. RY. CO. v. LANDERS.

Supreme Court of Arkansas.

March 3, 1900.

Appeal from circuit court, Poinsett county; Felix G. Taylor, Judge.

Action by W. C. Landers against the St. Louis, Iron Mountain & Southern Railway Company. From a judgment for plaintiff, defendant appeals. Reversed.

This suit was commenced in justice of the peace court, by the filing of the following account: "St. L., I. M. & So. Ry. Co., to W. C. Landers. To damages for killing one two year old steer on the 6th day of July, 1896, at the public crossing in the town of Harrisburg, valued at $100.00. W. C. Landers." Defendant made default, and judgment was rendered in justice court for the amount sued for, and the defendant appealed. In the circuit court the case was tried anew. Jim Goodloe testified that he was in his house, near the right of way, when he heard the ringing of the engine bell and the blowing of the whistle several times. He immediately went out of his house to the railway crossing, and saw the yearling turn down from the crossing. The train was running tolerably slow, and the engine struck it. When he first saw the steer, it was about 30 feet in front of the engine. He knew nothing about the value of the animal. Jack Grant lived near the railroad track, south of Goodloe's. His attention was attracted by the signals and ringing of the bell. He looked, and saw the steer from 20 to 40 feet in front of the engine, south of the middle crossing. He was 150 feet from the animal. Saw the engine strike it, and knock it off the track. The train was running pretty fast. Ed Liliker did not see the animal struck, but hauled it off after it was killed. The steer was about eighteen months old. This was all the testimony in favor of the plaintiff. The engineer testified: "That he saw the steer just as it came on the track. He was about fifty or sixty feet from it when he first saw it. The steer was just coming on the crossing. I whistled for the crossing, and the fireman was ringing the bell; and I whistled the stock alarm as soon as I saw it, and set the brakes. Was going between fifteen and eighteen miles an hour. Was looking ahead. I saw the animal as soon as it came in range of my vision. It seemed to be walking leisurely, and, as soon as I whistled, it turned, and ran down the track. The fireman was sitting on the fireman's seat, if I recollect right, ringing the bell. Nothing else could have been done to avoid striking the animal. I had the train under control. The steam was shut off. The train was drifting, — running by its own momentum. The engine had all the modern appliances. I applied all my air when I saw the stock. Going at the rate of speed I was running with the steam shut...