St. Louis Southwestern Railway Co. v. Hutchison , 79 Ark. 247 ( 1906 )

Battle, J.

The plaintiff, W. E. Hutchison, proved that his horse was killed by the operation of the railway of the defendant, the St. Louis Southwestern Railway Company. This was sufficient to show that the killing was the result of the negligence of the defendant, unless evidence adduced proved the contrary. Plaintiff thereby cast upon the defendant the burden of excusing the killing. To do so it introduced two witnesses. But the testimony of each of these witnesses is inconsistent with and contradictory to itself. If the jury disbelieved their testimony on account of these inconsistencies and contradictions, the law warranted them in disregarding it, which they did, as shown by their verdict. Railway Company v. Chambliss, 54 Ark. 214. It will not be profitable or serve any useful purpose to set out the inconsistencies and contradictions.

Judgment affirmed.