St. Louis, Iron Mountain & Southern Railway Co. v. White
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; The court should have directed a verdict for appellant: (1) Because the evidence failed to show that the absence of a 1,500 candle power headlight was the proximate cause of White’s death. 56 Ark. 279; 29 Cyc. 631; 13 Cyc. 216; 76 La. 744; 83 Ark. 584; 86 Ark. 465; 77 Ark. 599. (2) Because deceased plainly assumed the risk of the absence of such headlight. 54 Ark. 389; 56 Id. 31; 77 Id. 374; 82 Id. 11. The decision…
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; The court should have directed a verdict for appellant: (1) Because the evidence failed to show that the absence of a 1,500 candle power headlight was the proximate cause of White’s death. 56 Ark. 279; 29 Cyc. 631; 13 Cyc. 216; 76 La. 744; 83 Ark. 584; 86 Ark. 465; 77 Ark. 599. (2) Because deceased plainly assumed the risk of the absence of such headlight. 54 Ark. 389; 56 Id. 31; 77 Id. 374; 82 Id. 11. The decision in 88 Ark. 243 is not applicable to the act in question. 207 U. S. 463. 1. The failure of appellant- to comply with the…
1Opinion of the CourtHart, J.
This is an appeal by the St. Louis, Iron Mountain & Southern Railway Company from a judgment rendered against it in the Crawford Circuit Court in favor of Laura C. White.
John W. White was in the service of the defendant as brakeman, and was killed by the derailment of one of its trains at Menefee, Arkansas. The occurrence took place in the night time, and the train was running at the rate of 20 or 25 miles per hour. White was on the engine, which was drawing about 23 loaded cars. When the train approached the switch at Meriefee, the engine struck a cow. The pony trucks of the engine became…
2Cases cited4 opinions
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Johnson v. Mammoth Vein Coal Co.Supreme Court of Arkansas · 1908
3Cited by2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BryantSupreme Court of Arkansas · 1913
- Schramm v. P. J. Owens Lumber Co.Court of Appeals of Texas · 1914