St. Louis & San Francisco Railroad v. Ferrell
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Frank Smith, J udge; STATEMENT BY THE COURT. / Rowena Ferrell, as administratrix of the estate of her deceased husband, Lou M. Ferrell, brought this action against the St. Louis & San Francisco Railroad Company for damages for the alleged negligent killing of said Ferrell by a train of the appellant company, and recovered a verdict of $4,000 for the benefit of his widow and children.
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Appeal from Mississippi Circuit Court; Frank Smith, J udge; STATEMENT BY THE COURT. / Rowena Ferrell, as administratrix of the estate of her deceased husband, Lou M. Ferrell, brought this action against the St. Louis & San Francisco Railroad Company for damages for the alleged negligent killing of said Ferrell by a train of the appellant company, and recovered a verdict of $4,000 for the benefit of his widow and children. Judgment was rendered thereon, and the defendant company has appealed. The case is refreshingly free from conflicting evidence. The testimony as to the death of Mr. Ferrell…
1Opinion of the Court
Hirl, C. J.,
(after stating facts.) The complaint in this case is predicated upon the following charges of negligence: ■
First, that the train was running through the corporate limits of Osceola at an extraordinary and unusual rate of speed.
Second, that those in charge of the train did not give signals by sounding the whistle or ringing the bell to apprise deceased of the approach of the train.
Third, that the train operatives were not keeping a constant lookout, as required by law, for persons and property upon the tracks.
Fourth, the presence of the stake upon which Mr. Ferrell stumbled.
1. The…
2Cases cited2 opinions
- Burns v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1905
- Perdue v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1907
3Cited by21 opinions
- Fleming v. Missouri & Arkansas Railway Co.Supreme Court of Arkansas · 1939
- Chicago, Rock Island & Pacific Railway Co. v. SullivanSupreme Court of Arkansas · 1937
- Mary Ellen Scoville, Administratrix of the Estate of Thomas W. Scoville, Jr., Deceased v. Missouri Pacific Railroad Company, Robert King, Administrator of the Estate of Angela King, Deceased v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1972
- Missouri Pacific Railway Co. v. PriceSupreme Court of Arkansas · 1930
- Missouri Pacific Railroad Company v. MooreSupreme Court of Arkansas · 1940
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