Chicago, Rock Island & Pacific Railway Co. v. Bunch
Supreme Court of Arkansas
Appeal from Pulaski Circuit 'Court; Bdzvard W. Winfield, Judge; Action by Martha C. Bunch, administratrix of' estate of J. C. Bunch, deceased, on behalf of his estate, alleging that intestate’s death was due to defendant’s negligence in operating its train. Plaintiff recovered, and defendant appealed. It was conceded on -the trial that deceased was guilty of contributory negligence.
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Appeal from Pulaski Circuit 'Court; Bdzvard W. Winfield, Judge; Action by Martha C. Bunch, administratrix of' estate of J. C. Bunch, deceased, on behalf of his estate, alleging that intestate’s death was due to defendant’s negligence in operating its train. Plaintiff recovered, and defendant appealed. It was conceded on -the trial that deceased was guilty of contributory negligence. Such being the case, the burden was upon appellee to show that appellant discovered him on the track in time to have avoided injuring him, and wantonly and wilfully injured him. 69 Ark. 382; 76 Ark. 10; 77 Ark.…
1Opinion of the Court
Hirr, C. J,
J. C. Bunch lived near Hil-aro Crossing on the appellant’s railroad. He was a farmer, owning some stock which was in the habit of pasturing on the range. The railroad track was fenced, but the fences were brought into a trestle, forming what witnesses designate a “pocket,” in which “pocket” Mr.- Bunch’s 'cattle were in the habit of wandering, and several had been killed therein.
About five-thirty o’clock on -the morning of March 2, 1905, Mr. Bunch started down .to this place on the railroad track to look for his cattle. A local from Tittle Rock passed along shortly after lie left…
2Cases cited6 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HillSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co v. WatsonSupreme Court of Arkansas · 1911
- Graysonia-Nashville Lumber Co. v. WhitesellSupreme Court of Arkansas · 1911
7 more not listed; retrieve them via the Exa API.