Chicago, Rock Island & Pacific Railway Co. v. Scott
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court, First Division; J. F. Gautney, Judge; 1. The proof was not sufficient to show négligence on part of defendant. 2. Defendant’s negligence was not the proximate cause. 66 Ark. 68; 87 Id. 576; 51 L. R. A. (N. ,S.) 892; 95 U. S. 439; 40 Ark. 322; 45 S. E. 886; 62 Ark. 170; 76 Id. 13. 3. It was error to give instruction No. 3. It entirely ignores the question of deceased’s negligence. Also in giving No. 5. It is abstract.
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Appeal from Crittenden Circuit Court, First Division; J. F. Gautney, Judge; 1. The proof was not sufficient to show négligence on part of defendant. 2. Defendant’s negligence was not the proximate cause. 66 Ark. 68; 87 Id. 576; 51 L. R. A. (N. ,S.) 892; 95 U. S. 439; 40 Ark. 322; 45 S. E. 886; 62 Ark. 170; 76 Id. 13. 3. It was error to give instruction No. 3. It entirely ignores the question of deceased’s negligence. Also in giving No. 5. It is abstract. Ill Ark. 135. It was error to refuse to give defendant’s request No. “D.” 98 Ark. 17; 96 Id. 206. Also in refusing “A” and No. 2. 36 Ark.…
1Opinion of the Court
■Smith, J.
Appellee recovered judgment as administratrix of the estate of her husband to compensate the loss occasioned 'by his death, while engaged in the pursuit of his duties as a brakeman. The suit was brought against both the appellant railway company and the Frisco Railroad ¡Company. It was alleged in the complaint that both of said railroads were operating trains through the town of Mansfield, Arkansas, where there were numerous sidetracks and switches used by them for switching cars and for other railroad purposes. That appellee’s intestate, Ira M. .Scott, was, on the 5th of May, 1914,…
2Cited by2 opinions
- Blytheville, Leachville & Arkansas Southern Railway Co. v. GessellSupreme Court of Arkansas · 1923
- Lusk v. OsbornSupreme Court of Arkansas · 1917