St. Louis & North Arkansas Railroad v. Mathis
Supreme Court of Arkansas
Appeal from Carroll Circuit Court. John N. Tillman, Judge. Deceased was guilty of contributory ’ negligence. 71 Ark. 590; 66 Ark. 238; 62 Ark. 156; lb. 164; Id. 239; 57 Ark. 461; 69 Ark. 380; 48 Ark. 106; 56 Ark. 457; 54 Ark. 431, et seq. The verdict was excessive. As to right of deceased to rely upon instructions of foreman, see 65 Ark. 140. The instructions were correct, and the evidence sustains the verdict.
Read the full summary
Appeal from Carroll Circuit Court. John N. Tillman, Judge. Deceased was guilty of contributory ’ negligence. 71 Ark. 590; 66 Ark. 238; 62 Ark. 156; lb. 164; Id. 239; 57 Ark. 461; 69 Ark. 380; 48 Ark. 106; 56 Ark. 457; 54 Ark. 431, et seq. The verdict was excessive. As to right of deceased to rely upon instructions of foreman, see 65 Ark. 140. The instructions were correct, and the evidence sustains the verdict. The sixth instruction correctly - stated the law of contributory negligence, and the deceased, under the rule therein laid down, was not guilty thereof. 16 S. W. 397; 24 L. R. A. 719;…
1Opinion of the CourtMcCulloch, J.
This is a suit brought against appellant railroad company by the administrator of the estate of John Gunn, deceased, for the benefit of the widow and the next of kin of said decedent for damages occasioned by reason of the alleged negligent killing of deceased by a train' of appellant. Damages are laid in the sum of $25,000, and plaintiff recovered a judgment- for $10,000, from which the defendant appealed.
Appellant claims that the evidence is insufficient to sustain the verdict, and that the court erred in refusing to instruct the jury peremptorily to return a verdict in its favor, but…
2Cases cited8 opinions
- State v. MorrillSupreme Court of Arkansas · 1855
- Ex parte Batesville & Brinkley RailroadSupreme Court of Arkansas · 1882
- Vaughn v. HarpSupreme Court of Arkansas · 1886
- Files v. FullerSupreme Court of Arkansas · 1884
- Railway Co. v. MaddrySupreme Court of Arkansas · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Mode v. BarnettSupreme Court of Arkansas · 1962
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.