St. Louis, Iron Mountain & Southern Railway Co. v. Tomlinson
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The injury resulted, not from any negligence on the part of the defendant, but from the contributory negligence of the plaintiff. 2. The 4th and 5th instructions, given at request of plaintiff, were erroneous.
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The injury resulted, not from any negligence on the part of the defendant, but from the contributory negligence of the plaintiff. 2. The 4th and 5th instructions, given at request of plaintiff, were erroneous. Where plaintiff’s own evidence shows negligence on'his part contributing to his injury, the burden is not on defendant to show it. 48 Ark. 130; 61 Ark. 556; 46 Ark. 193. The 7th instruction was erroneous. 54 Ark. 431; 61 Ark. 549; 62 Ark. 156; 65 Ark. 235; 69 Ark. 135. 3. The court erred in refusing to declare the…
1Opinion of the CourtBattle, J.
This action was instituted by Enos J. Tomlin-son, by his next friend, W. H. Tomlinson, against the St. Louis, Iron Mountain & Southern Railway Company. Plaintiff alleged in his complaint that “he was a minor, eleven years of age; that while he was being driven across the railroad at Magness Station in a wagon, the defendant negligently, wantonly and recklessly ran its engine against the wagon; that the defendant negligently failed, to ring the bell or sound the whistle of its engine for the crossing; that its employees negligently failed to keep a lookout for persons and property at the…
2Cases cited1 opinion
- King-Ryder Lumber Co. v. CochranSupreme Court of Arkansas · 1902
3Cited by6 opinions
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Pittman v. FrazerCourt of Appeals for the Eighth Circuit · 1997
- Colón Vega v. El Gobierno de la Capital de Puerto RicoSupreme Court of Puerto Rico · 1943
- St. Louis Southwestern Railway Co. v. VaughanSupreme Court of Arkansas · 1929
- James Curtis Pittman v. Thomas Frazer, Jr.Court of Appeals for the Eighth Circuit · 1997
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