St. Louis, Iron Mountain & Southern Railway Co. v. Freeman
Supreme Court of Arkansas
Appeal from Marion Circuit Court.; Brice B. Hudgins, Judge; 1. The verdict is not sustained by the evidence, and is contrary to the physical facts.
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Appeal from Marion Circuit Court.; Brice B. Hudgins, Judge; 1. The verdict is not sustained by the evidence, and is contrary to the physical facts. In view of the condition of the switch stand, switch points, frogs, etc., after the wreck, the verdict is so palpably erroneous as to shock the sense of justice. 70 Ark. 385. 2. If there was a defect in the engine, and .if the flanges were too short, it was such a defect as the deceased knew or by the exercise of ordinary care could have known of. The risk was assumed. . 3. Evidence of the condition of the switch several months prior to the…
1Opinion of the CourtMcCulloch, C. J.
J. C. Freeman was employed by the defendant, St. Louis, Iron Mountain & Southern Railway Company, as an engineer, and was killed in a wreck of his train on December 8, 1907. His widow, as administratrix of the estate, sues to recover damages for the benefit of the next of kin on account of his death. She recovered judgment for $20,000 in the circuit court of Boone County, and defendant appeals to this court.
The wreck occurred at a spur-track near the station of Myrtle, Arkansas, in Boone County, about ten o’clock at night. The train was north-bound, and was derailed. The contention on the…
2Cases cited1 opinion
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
3Cited by6 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. OwingsSupreme Court of Arkansas · 1918
- Keathley v. YatesSupreme Court of Arkansas · 1960
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