Prescott & Northwestern Railway Co. v. Hopkins
Supreme Court of Arkansas
Appeal from Pike 'Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This suit wais instituted hy the appellee .as the -administrator -of the estate -of W. E. Sanders, deceased, against the -appellants, Prescott & Northwestern Ry.
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Appeal from Pike 'Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This suit wais instituted hy the appellee .as the -administrator -of the estate -of W. E. Sanders, deceased, against the -appellants, Prescott & Northwestern Ry. Co-., hereinafter -called the Railway Company, and the Ozan Lumber Company, hereinafter called- the Lumber Company, in which appellee sought to recover for the benefit of the widow and -children -of Sanders, damages which ■he alleged -accrued by reason of. the joint negligence of the appellants resulting in the death of Sanders. Appellee alleged…
1Opinion of the CourtSmith, J.
(¡after stating the facts.) A majority of the court has reached the conclusion that under the undisputed evidence Sanders, at the time of the injury resulting in his death, was a trespasser upon the train, and that therefore the ¡appellants owed him no duty and were not liable in damages for his injury. The conclusion makes it unnecessary to discuss the other numerous questions presented on this appeal, and we will proceed to set out and discuss only the evidence relating to the issue as to whether or not Sanders, at the time of his injury, was a tresspasser.
Witness Lowe, on behalf of the…
2Cases cited6 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
- Kruse v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- St. L., I. M. & S. R'y Co. v. RosenberrySupreme Court of Arkansas · 1885
- St. L., I. M. & S. Ry. v. AtchisonSupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- National Life Insurance Co. of U. S. A. v. JacksonSupreme Court of Arkansas · 1923
- Missouri Pac. Railroad Co. v. PatySupreme Court of Arkansas · 1931