St. Louis & San Francisco Railroad v. Newman
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Frank Smith, Judge; 1. The objection to, and error in, the court’s modification of instruction 2, requested by appellant, is that there is no evidence that deceased was "insensible of his danger or unable to avoid it.”
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Appeal from Crittenden Circuit Court; Frank Smith, Judge; 1. The objection to, and error in, the court’s modification of instruction 2, requested by appellant, is that there is no evidence that deceased was "insensible of his danger or unable to avoid it.” In the absence of proof to the contrary, the legal presumption is that the man was not mentally nor physically incapacitated. 49 Ark. 257. There is no proof whatever in the record to support the allegation in the complaint that deceased was drunk. He was in good health when last seen prior to the time of the accident. The presumption is…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff’s intestate, Hans Nass, was run over and instantly killed by a freight train on a trestle of defendant’s railroad near Tyronza, a station in Poinsett County, Arkansas, and this action was instituted to recover damages for the benefit of the widow and next of kin.
Nass was a trespasser on the track, and the question in the case is, whether or not the train operatives failed to exercise care, after making discovery of the perilous situation of deceased, to prevent injuring him. The case was tried upon this theory, and the trial resulted in a verdict in favor of the plaintiff…
2Cases cited1 opinion
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
3Cited by2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. JonesSupreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. LawrenceSupreme Court of Arkansas · 1912