St. Louis, Iron Mountain & Southern Railway Co. v. Garner
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge ; 1. The deceased was guilty of contributory negligence such as to bar a recovery. He failed to look and listen. 65 Ark. 235; 54 Id. 431; 56 Id. 439; 62 Id. 158; Elliott on Railroads, § 1166; 69 Ark. 134; 76 Id. 224. 2. It is not necessary to give the 5th instruction, and especially objectionable are the words “in determining the value of the life taken.”
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge ; 1. The deceased was guilty of contributory negligence such as to bar a recovery. He failed to look and listen. 65 Ark. 235; 54 Id. 431; 56 Id. 439; 62 Id. 158; Elliott on Railroads, § 1166; 69 Ark. 134; 76 Id. 224. 2. It is not necessary to give the 5th instruction, and especially objectionable are the words “in determining the value of the life taken.” Kirby’s Digest, § 6290; 68 Ark. 1. 1. The jury has settled the question of negligence, and there is ample evidence to sustain' it. The signals required by law were not…
1Opinion of the CourtMcCuuroch, C. J.
The railway company appeals from a judgment rendered against it in favor of appellee, Garner, as administrator of the estate of T. E. Jett, deceased, for damages caused by the death of said decedent. Jett was killed on the crossing at Judsonia, Ark., by a fast mail train which was southbound and was running at a speed variously estimated at from fifty to seventy-five miles per hour. He was engaged in the business of buying and selling cattle, and had a lot of cattle in appellant’s stock pens near the station of Judsonia. At the time of the injury a long south-bound freight train had reached…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
- Louisiana & Arkansas Railway Co. v. RatcliffeSupreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co. v. MoonSupreme Court of Arkansas · 1908
3Cited by11 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. PrinceSupreme Court of Arkansas · 1911
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1915
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