Kansas City Southern Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; Action by John Davis against Kansas City Southern Railway Company. This is the second appearance of this case here. Upon the first trial of it in the circuit court, a verdict was directed, and plaintiff appealed, and this court held that the plaintiff’s testimony, if true, made out a liability against the defendant, and that the case should be submitted to a jury under proper instructions.
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Appeal from Little River Circuit Court; James S. Steel, Judge; Action by John Davis against Kansas City Southern Railway Company. This is the second appearance of this case here. Upon the first trial of it in the circuit court, a verdict was directed, and plaintiff appealed, and this court held that the plaintiff’s testimony, if true, made out a liability against the defendant, and that the case should be submitted to a jury under proper instructions. Davis v. Kansas City So. Ry. Co., 75 Ark. 165. The second trial resulted in a verdict in favor of plaintiff for the sum of $800, and the…
1Opinion of the CourtHiuu, C. J.
The principal attack is made on the first instruction, which is copied in the statement of facts. Appellant argues that this instruction is only proper when the negligence of the company is a failure to obey .the lookout statute. Section 6607 of Kirby’s Digest. But counsel are in error in this, for it has been held that, under section 6773 of Kirby’s Digest, placing responsibility upon railroads where injury is done to persons or property by the running of trains, a prima facie case of negligence is made out against the company operating the train by the proof of the injury. Barringer v. St.…
2Cases cited5 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Trumbull v. EricksonCourt of Appeals for the Eighth Circuit · 1899
- Young v. StevensonSupreme Court of Arkansas · 1905
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
3Cited by20 opinions
- Black v. HogsettSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Scullin v. ViningSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- Wentz v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1914
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