St. Louis & San Francisco Railroad v. Fithian
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BT THE COURT. Appellee, tbe administratrix of tbe estate of tbe deceased, brought suit for tbe benefit of berself and minor' son against appellee for damages for tbe wrongful death of her husband, Lloyd George Fithian, alleged to have been caused by tbe negligence of tbe railroad company.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BT THE COURT. Appellee, tbe administratrix of tbe estate of tbe deceased, brought suit for tbe benefit of berself and minor' son against appellee for damages for tbe wrongful death of her husband, Lloyd George Fithian, alleged to have been caused by tbe negligence of tbe railroad company. Tbe complaint alleges that tbe deceased was in tbe employ of the railroad company, as a brakeman on one of its trains, and while in the performance of his duty as a brakeman upon a train engaged in interstate commerce, he was killed through…
1Opinion of the Court
Kirby, J.,
(after stating the facts): It is insisted that the court should have directed a verdict in appellant’s favor; that there is not sufficient evidence that the derailment of the car was caused by any negligence or defective condition of the track or road bed, nor that the train was running at a rate of speed greater than was safe to operate it over that particular track and bridge.
The evidence warranted the jury in finding that the track was not built in accordance with the accepted theory of railroad construction for the running of trains at a high rate of speed; the witnesses all…
2Cases cited12 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- American R. Co. of PR v. BirchSupreme Court of the United States · 1912
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Biddle v. RileySupreme Court of Arkansas · 1915
- Alldread v. MillsSupreme Court of Arkansas · 1947
- St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of Arkansas · 1913
- Waters v. ColemanSupreme Court of Arkansas · 1962
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1913
3 more not listed; retrieve them via the Exa API.