Mo. Pac. Rd. Co., Thompson, Tr. v. Keeton, Admx.

(dissenting) /1 think the rehearing should be granted. The testimony of appellee was to the effect that Keeton made to her a declaration (competent under § 5201 of Pope’s Digest of the laws of Arkansas to establish cause of his death) that there was a “sudden, hard stop” and that he (Keeton) was “jerked off.” It was the function of the jury to say whether this version of the occurrence was true, and, if true, whether it established negligence on the part of appellant’s employe*e who was operating the locomotive at the time of Keeton’s injury. Tennant v. Peoria & P. U. Ry. Co., 321 U. S. 29,…