St. Louis, Iron Mountain & Southern Railway Co. v. Zerr
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Instruction numbered 1 given by the court has been condemned by this court in the Gibson case, 107 Ark. 431. It is erroneous in placing upon the defendant the burden of disproving negligence upon proof merely that plaintiff was injured by a train. Under the amended lookout statute it must appear that a prima facie case of ■negligence is established before the burden is shifted to the defendant.
1Opinion of the CourtMcCulloch, C. J.
Plaintiff* J. C. Zerr, sued the railway company and recovered damages for personal injuries received by being struck by an engine while he was walking up the track. The injury occurred at Arkadelphia, Arkansas, in the daytime and in the presence of a number of witnesses, who testified in the case.
The track runs north and south there, and plaintiff was attempting to cross from the west side to the east. Two trains met there, and the southbound train was on the main track, the engine standing across a street crossing south of the depot. The other train, the one which struck plaintiff, was…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Louisiana & Arkansas Railway Co. v. WoodsonSupreme Court of Arkansas · 1917
- Porter v. ScullinSupreme Court of Arkansas · 1917
- Beebe School District v. National Supply Co.Supreme Court of Arkansas · 1983