St. Louis, Iron Mountain & Southern Railway Co. v. Gibson
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. This is a suit for damages for the wrongful death of O. E. Gihson, alleged to have been caused by the negligence of appellant company, in running a train over Mm and not keeping a constant lookout, the complaint alleging: “That the servants of the defendant operating the train did not keep a constant lookout, as required by law, and that had they kept such a lookout they could have…
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Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. This is a suit for damages for the wrongful death of O. E. Gihson, alleged to have been caused by the negligence of appellant company, in running a train over Mm and not keeping a constant lookout, the complaint alleging: “That the servants of the defendant operating the train did not keep a constant lookout, as required by law, and that had they kept such a lookout they could have discovered the deceased’s peril in time to have prevented injury to Mm by the exercise of reasonable care.” “That they…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) Instruction numbered 1 is erroneous and was prejudicial. This court has frequently held that when the damage to property is shown to have been caused by the operation of trains coming in contact with it, that a prima facie case of negligence is made against the railroad company.
In Green v. St. Louis, I. M. & S. Ry. Co., 99 Ark. 228, the court said:
“It is true that, in suits against a railroad company for the recovery of damages done to property by the running of its trains, the burden of proof of showing due care upon its part is cast upon the railroad…
2Cases cited5 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1893
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- Helena Hardwood Lumber Co. v. MaynardSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co v. WatsonSupreme Court of Arkansas · 1911
3Cited by30 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1930
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Kelly v. DeQueen & Eastern RailroadSupreme Court of Arkansas · 1927
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
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