St. Louis, Iron Mountain & Southern Railway Co. v. Ross
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: George Ross was the owner of a saw mill and lumber shed. The shed fronted on a spur track of defendant railway ( company. On the 6th day of August, 1890, a flat car was sent down this track. This car was detached from the engine, which had passed down the main track.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: George Ross was the owner of a saw mill and lumber shed. The shed fronted on a spur track of defendant railway ( company. On the 6th day of August, 1890, a flat car was sent down this track. This car was detached from the engine, which had passed down the main track. Ross called to the brakeman upon the flat car not to let i't strike another car, which was standing in front of the shed on the same track. The brakeman replied that his car had no brake, and told Ross to…
1Opinion of the Court
Riddick, J.,
(after stating the facts). It was held by this court in Railway Co. v. Ross, 56 Ark. 271, under evidence substantially the same as we have here, that the deceased, Ross, was guilty of contributory negligence, and that the defendant company was not liable for his death.
After again considering the evidence, we adhere to the conclusion arrived at in that case. It is contended that the employees of the railway company discovered the dangerous position of Ross in time to have avoided the injury; that they negligently failed to do so, and that for this reason the appellant is liable,…
2Cases cited2 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Railway Co. v. RossSupreme Court of Arkansas · 1892
3Cited by1 opinion
- St. Louis Southwestern Railway Co. v. DingmanSupreme Court of Arkansas · 1896