Kansas City Southern Railway Co. v. Henrie
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. G. W. Henrie, who was’ employed by the Kansas City Southern Railway Company as conductor on'a work train, was killed on November 6, 1905, while attemptin'g to couple cars in his train at Horatio, Arkansas, and his widow, Ollie M. Henrie, and his three infant children instituted this action in the circuit court of Miller County to recover damages alleged to havé been sustained on account of…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; statement by ti-ie court. G. W. Henrie, who was’ employed by the Kansas City Southern Railway Company as conductor on'a work train, was killed on November 6, 1905, while attemptin'g to couple cars in his train at Horatio, Arkansas, and his widow, Ollie M. Henrie, and his three infant children instituted this action in the circuit court of Miller County to recover damages alleged to havé been sustained on account of his death. The damages are laid at the sum of $50,000, and on a trial of the case the jury -returned a verdict in favor of…
1Opinion
On Rehearing.
Opinion delivered October'19, 1908.
‘McCueeoci-i, J.
It is contended now for the first time in argument in this case that the undisputed evidence shows that the cars which Henrie attempted to couple together were supplied with automatic couplers as required by the terms of the Federal statute, and that his failure to use the coupling appliances from the outside, instead of going between the cars, constituted contributory negligence, and that, for this reason, a peremptory instruction should have been given to the jury to return a verdict for appellant. The rules of this court…
2Cases cited8 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Dawson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
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