McCarty v. Nelson
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. II. Evans, Judge; 1. The appellant was guilty of no negligence, but the deceased was guilty of contributory negligence.
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Appeal from Grant Circuit Court; W. II. Evans, Judge; 1. The appellant was guilty of no negligence, but the deceased was guilty of contributory negligence. This case is- almost on all fours with 45 Ark. 318. 2. The wreck was caused by operating the train at an excessive rate of speed, contrary to instructions, and the court erred in its instructions on comparative negligence and in modifying appellant’s requests, 2, 3, 4, 6, 7, 8, 10, 12 and 13, and in refusing Nos. 1, 5, 11, 14 and 15. The question of assumed risk was one for the jury. It is unnecessary to cite authorities, as the law is…
1Opinion of the CourtHart, J.
This is an appeal from a judgment recovered by appellee against appellant for the alleged negligent killing of Roy Reese while in the employment of the Pine Bluff, Sheridan & Southern Railway Company. The materia] facts are as follows:
In April, 1916, Roy Reese was a conductor in the employment of the receiver of the Pine Bluff, Sheridan & Southern _Railway Company. His train was wrecked and he was killed by being pinned down under a gravel car which jumped the track and turned over. The train was a work train and consisted of an engine and five cars. The three front cars were loaded with…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
- Kansas City & Memphis Railway Co. v. HuffSupreme Court of Arkansas · 1915
- Richardson v. WilliamsSupreme Court of Arkansas · 1881
3Cited by2 opinions
- Ross v. JonesCourt of Appeals of Texas · 1942
- Temple Cotton Oil Co. v. BrownSupreme Court of Arkansas · 1939