Hines v. Johnson
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The court should have directed a verdict for appellant. 129 Ark. 77; 215 S. W. 589; 124 Ark. 523. The Kansas City Southern Railway Company was not operating the road at the time of the injury. Under the Federal Control Act of Congress, March 21, 1918, and the Transportation Act of 1920, the railroad company was not liable at all.
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The court should have directed a verdict for appellant. 129 Ark. 77; 215 S. W. 589; 124 Ark. 523. The Kansas City Southern Railway Company was not operating the road at the time of the injury. Under the Federal Control Act of Congress, March 21, 1918, and the Transportation Act of 1920, the railroad company was not liable at all. The deceased was a trespasser although a child of seven years. 66 Ark. 495. The presence of the rail on the track was not the proximate cause of the injury, 62 N. E. 265, nor was the failure to whistle for…
1Opinion of the CourtHumphreys, J.
Appellee, Ethel Johnson, administratrix of the estate of Charles M. Johnson, deceased, in her representative capacity, instituted suit against appellant, Walker D. Hines, as Director General of the Kansas City Southern Eailroad Company, imthe Benton Circuit Court, to recover damages in the sum of $3,000, on account of the alleged negligent killing of Charles M. Johnson, a child seven years of age, in the operation of its freight train near the depot at Sulphur Springs in said county, on the 15th day of March, 1918. The negligence charged, and upon which the cause was sent to the jury,…
2Cases cited5 opinions
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
- Little Rock & Fort Smith Railway Co. v. BarkerSupreme Court of Arkansas · 1882
- Thompson v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1900
- Kansas City Southern Railway Co. v. FrostSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway v. HendricksSupreme Court of Arkansas · 1890
3Cited by5 opinions
- Morel v. LeeSupreme Court of Arkansas · 1930
- Hines v. BettsSupreme Court of Arkansas · 1920
- Mooney v. TillerySupreme Court of Arkansas · 1932
- Missouri Pacific Railroad v. Campbell, Adm'rSupreme Court of Arkansas · 1940
- Opinion No., Arkansas Attorney General Reports1995