Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdzvard W. Winfield_ Judge; STATEMENT by ti-ie court. This is an action brought by Mrs. E. E. Tiffin, as administratrix of the estate of her son, James Roy Tiffin, deceased, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for the killing of said decedent.
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Appeal from Pulaski Circuit Court; Bdzvard W. Winfield_ Judge; STATEMENT by ti-ie court. This is an action brought by Mrs. E. E. Tiffin, as administratrix of the estate of her son, James Roy Tiffin, deceased, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for the killing of said decedent. Two causes of action are set forth in the complaint in different paragraphs, one to recover for pain and suffering endured by the deceased, and the other to recover damages sustained by the plaintiff as next of kin by reason of loss of the earnings of her son. A trial of…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Error of the court is assigned in its refusal to give to the'jury the sixth instruction asked by appellant, which is as follows:
“If you find from the testimony that the crossing at which deceased received his injuries was so dangerous that it was necessary for the safety of travelers on the street for the railroad company to keep gates at said crossing, you are instructed that a failure to keep gates at such crossing was negligence. And if you find from the evidence that there were no gates at said crossing, and further find from the evidence that…
2Cases cited14 opinions
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- McGhee v. WhiteCourt of Appeals for the Sixth Circuit · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- Clark v. Union Pac. R. Co.Utah Supreme Court · 1927
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Gillham v. St. Louis Southwestern Ry. Co. of TexasCourt of Appeals of Texas · 1922
16 more not listed; retrieve them via the Exa API.