St. Louis, Iron Mountain & Southern Railway Co. v. Chamberlain
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. It was error to admit Dickson’s testimony as to the order by the train master. There is no proof that the company was negligent; but, if there was, the proof is so flimsy that appellant should have had a verdict, but for this error. The jury may well have argued that the company had violated its own orders. 77 N. W. 433; 135 Ala. 450; 79 N. Y. 1043; 71 Minn. 438; 47 Pa.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. It was error to admit Dickson’s testimony as to the order by the train master. There is no proof that the company was negligent; but, if there was, the proof is so flimsy that appellant should have had a verdict, but for this error. The jury may well have argued that the company had violated its own orders. 77 N. W. 433; 135 Ala. 450; 79 N. Y. 1043; 71 Minn. 438; 47 Pa. St. 300; 70 Ark. 179; 68 Id. 606. 2. The first instruction is erroneous. The railroad had the right-of-way, and the fact that deceased was on the track at the time…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the administrator of Lee Sullivan to recover from the St. Louis, Iron Mountain & Southern Railway Company damages for the pain and suffering endured by him by reason of being struck by one of defendant’s passenger trains, which resulted in his death. Sullivan was struck at a public crossing in the city of Malvern, where defendant’s tracks crossed Main Street. The depot was situated on the west side of the tracks, and next it was defendant’s main track. Just east of that track, and about nine feet therefrom, was a side track. On the east side of both tracks and…
2Cases cited9 opinions
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Bizzell v. BookerSupreme Court of Arkansas · 1855
- Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Parker v. HolderSupreme Court of Arkansas · 1993
- Mantooth v. HopkinsSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. RoddySupreme Court of Arkansas · 1913
- Todd v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.