{
  "id": 1333934,
  "name": "St. Louis, Iron Mountain & Southern Railway Company v. Magness",
  "name_abbreviation": "St. Louis, Iron Mountain & Southern Railway Co. v. Magness",
  "decision_date": "1900-06-16",
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  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [],
    "parties": [
      "St. Louis, Iron Mountain & Southern Railway Company v. Magness."
    ],
    "opinions": [
      {
        "text": "Riddick, J.\nThis is an appeal from a judgment against the railway company for damages caused by its train striking two mules belonging to plaintiff. The first contention is that the circuit court had no jurisdiction, for the reason that the complaint does not \u25a0 allege that the injury occurred in the county where the action was brought. But the complaint alleges that the injury occurred on the White River branch of the defendant\u2019s road near the town of Newark. The evidence shows that the train at the time of the accident was going from Batesville to Newport, and the \u2022 accident took \u25a0 place west of Newark, as the train was approaching 'that place from Bates-ville, and so close to the town that persons at the station saw the mules at the time they were struck by the train. Now, it is a matter of general information that Newark, a town of several hundred inhabitants, with express and post offices, is located in Independence county, on the line of defendant\u2019s road between Batesville and Newport. The courts will take judicial notice- of the fact that it is located in Independence county, and that the circuit court of that county has jurisdiction to try an action for damages for injuries occurring there. Central Railroad & Banking Co. v. Gamble, 77 Ga. 584.\nThe contention that the court erred in instructing the jury as to the lookout to be kept by employees in charge of a train must be overruled. The engineer, according to his own testimony, saw the mules when they were five hundred yards away from the approaching train. They were at that time within fifty feet of the track, and, having discovered them, the engineer was bound to use ordinary care to avoid injuring them. The question was not whether he kept a proper lookout, but whether he used due care after, he discovered the mules near \u25a0the track. While the instruction as to the duty of the employee to keep a lookout may be abstract, we cannot see that it could in any way prejudice the rights of appellants.\nOn the facts the case is somewhat doubtful, but our conclusion is that the judgment should be affirmed.",
        "type": "majority",
        "author": "Riddick, J."
      }
    ],
    "attorneys": [
      "Bodge & Johnson, for appellant.",
      "Robert Neill, for appellee."
    ],
    "corrections": "",
    "head_matter": "St. Louis, Iron Mountain & Southern Railway Company v. Magness.\nOpinion delivered June 16, 1900.\nJudicial Notice \u2014 Location of Town. \u2014 The courts will take judicial notice that a town of several hundred inhabitants on a railroad, having express and post offices, is located in a certain county. (Page 290.)\nAppeal from Independence Circuit Court.\nRichard H. Poavell, Judge.\nBodge & Johnson, for appellant.\nThe complaint was defective in that it did not show that the injury occurred in the county where the suit was brought. Sand. & H. Dig., \u00a7 6352; 38 Ark. 206;' 55 Ark. 282. The facts do not justify the verdict. The court erred in its instructions to the jury. The statutory requirement as to lookout extends only to the traoh, and does not embrace the whole right of way. Sand & H. Dig., \u00a7 6207; 56 Ark. 599; 48 Ark. 366; 52 Ark. 162; 62 Ark. 182. The instruction as to \u201creasonable care\u201d in keeping the \u201clookout\u201d was erroneous. 62 Ark. 237; 62 Ark. 253; 64 Ark. 662; 62 Ark. 170.\nRobert Neill, for appellee.\nJurisdiction is presumed in circuit courts after judgment.. 18 Wall. 350; 19 Wall. 54; Freeman, Judg. \u00a7\u00a7 122, 124, 125; 12 Am. & Eng. Enc. Law, 271-2; 6 Cal. 685; 26 Ark. 52; 31 Ark. 190. Sufficient showing was made of when the injury occurred, to dispense with the allegation. 19 Ind. 395; 47 Ind. 326. Courts take judicial notice of the location of towns, etc. 48 Ind. 119; 28 Ind. 429; 2 Harr/(Del.) 451; 52 Tex. 562; 59 Tex. 500; 38 la. 22. The railway company is held to the duty of keeping a lookout for, and using proper diligence to discover, animals approaching the track. 64 Ark. 239."
  },
  "file_name": "0289-01",
  "first_page_order": 307,
  "last_page_order": 308
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