St. Louis, Iron Mountain & Southern Railway Co. v. Evans
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. STATEMENT by The court. Appellees, the widow and childr'en of P. M. Evans, deceased, brought this suit against appellant railway company for damages accruing to them on account of the killing of the said Evans by one of appellant’s locomotives on December 23, 1901. The complaint alleges that Evans was walking along the railroad track when he was run over and killed; that the locomotive was being run at a high and dangerous rate of speed,'…
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Appeal from Crawford Circuit Court. STATEMENT by The court. Appellees, the widow and childr'en of P. M. Evans, deceased, brought this suit against appellant railway company for damages accruing to them on account of the killing of the said Evans by one of appellant’s locomotives on December 23, 1901. The complaint alleges that Evans was walking along the railroad track when he was run over and killed; that the locomotive was being run at a high and dangerous rate of speed,' and that appellant’s servants in charge of the locomotive, after discovering him upon the track for a distance of more…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) We find no error in the instructions given by the court to the jury. They correctly and concisely declared the law applicable to the case.
It is conceded that Evans was guilty of negligence, which contributed to his death, in failing to look and listen for the approaching train, and the case turns solely upon the question whether the agents and servants of. the railway company in charge of the locomotive saw him upon the track in time to have prevented the injury by the exercise of proper precaution, and, seeing him, whether they exercised proper care…
2Cases cited8 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. ThompsonSupreme Court of Arkansas · 1909
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.