Graysonia-Nashville Lumber Co. v. Whitesell
Supreme Court of Arkansas
Appeal'from Howard Circuit Court, JeffT. Cowling, Judge; STATEMENT BY THE COURT. Appellees brought this suit against the appellant to recover damages on account of the death of J. R. Whitesell, which it is alleged occurred while he was conductor and brakeman of a logging train on appellant’s line of railroad. At the time the accident occurred, the train was going at a slow rate, some two or two and a half miles an hour. Chas.
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Appeal'from Howard Circuit Court, JeffT. Cowling, Judge; STATEMENT BY THE COURT. Appellees brought this suit against the appellant to recover damages on account of the death of J. R. Whitesell, which it is alleged occurred while he was conductor and brakeman of a logging train on appellant’s line of railroad. At the time the accident occurred, the train was going at a slow rate, some two or two and a half miles an hour. Chas. Belcher and Bank Roe were sitting on the back end of the tender facing Whitesell, when the accident occurred. Whitesell was standing on the sill, or running board, of…
1Opinion of the Court
Hart, J.,
(after stating the facts.) It is earnestly insisted by counsel for the appellant that 'the evidence is not sufficient to warrant the verdict. It is conceded by counsel for appellee that in the discussion of this issue the question is, did the engineer discover or was he apprised of the deceased’s perilous condition? and, if so, was he apprised in time to have avoided killing him by exercising ordinary care? At the time the accident occurred the train was moving slowly, the engineer intending to stop it at a switch nearby for the purpose of picking up some cars loaded with bolts. The…
2Cases cited6 opinions
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. HillSupreme Court of Arkansas · 1905
- Griffie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mosley v. RainesSupreme Court of Arkansas · 1931
- Norton & Wheeler Stave Co. v. WrightSupreme Court of Arkansas · 1937
- Rice & Holiman v. HendersonSupreme Court of Arkansas · 1931
- Kemp v. Hunter Transfer Co.Supreme Court of Arkansas · 1931
- Wheeler v. EllisSupreme Court of Arkansas · 1931
2 more not listed; retrieve them via the Exa API.