St. Louis & San Francisco Railroad v. Hill
Supreme Court of Arkansas
'Appeal from Crawford Circuit Court;- Jeptha H. Evans, Judge; 1. The evidence does not support the verdict. There is no proof that partially undermining one of the mudsills would materially affect the strength of the bridge, or that the undermining of the mudsill caused the train to be wrecked.
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'Appeal from Crawford Circuit Court;- Jeptha H. Evans, Judge; 1. The evidence does not support the verdict. There is no proof that partially undermining one of the mudsills would materially affect the strength of the bridge, or that the undermining of the mudsill caused the train to be wrecked. Under the allegations of the complaint, plaintiff must show that this defect caused the injury. 45 N. W. 1096; 1 Sutherland on Dam. § 30; 2 Labatt,-M. & S. § 803; 105 N. Y. 202; 55 Fed. 949; 179 U. S. '658; 166 U. S. 617; 158 N. Y. 73. 2. Appellant was not negligent in failing to provide a bridge that…
1Opinion of the CourtBattle, J.
Wallace H. Hill was a brakeman on the cars of the St. Louis & San Francisco Railroad Company, and was killed on the 9th day of September, 1903, while engaged in that capacity. Z. T. Hill,, his father, was appointed his administrator. As such administrator, he brought this action against the railroad company for damages sustained by him as the next of kin of the deceased. He alleged in his complaint that W. H. Hill was a brakeman on a train of the defendant, and while he was on the train, and it was running on a certain bridge of the railroad company, the bridge gave way and wrecked the train,…
2Cases cited6 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Illick v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Koontz v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Arkansas Smokeless Coal Co. v. PippinsSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. StandiferSupreme Court of Arkansas · 1907
- Western Coal & Mining Co. v. MooreSupreme Court of Arkansas · 1910
- Chicago Mill & Lumber Co. v. CooperSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. FithianSupreme Court of Arkansas · 1913
4 more not listed; retrieve them via the Exa API.