Scott v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Allen Hughes, Judge; It is only where the facts and circumstances are such that all reasonable men must from them draw the same conclusion that the court should determine the question of negligence as a matter of law. 159 U. S. 603. The question whether or not the deceased was guilty of contributory negligence was one for the jury to determine. 21 N. W. 212; 37 N. W. 149; 107 Pa.
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Appeal from Crittenden Circuit Court; Allen Hughes, Judge; It is only where the facts and circumstances are such that all reasonable men must from them draw the same conclusion that the court should determine the question of negligence as a matter of law. 159 U. S. 603. The question whether or not the deceased was guilty of contributory negligence was one for the jury to determine. 21 N. W. 212; 37 N. W. 149; 107 Pa. St. 8; 33 N. W. 161; 18 L. R. A. 60; 9 L. R. A. 521; 73 Me. 591; 21 N. Y. Supp. 159; 20 S. W. 490; 101 N. Y. 419, 426; 88 Am. Dec. 353; 14 Abb’s Prac. N. S. 29; 40 N. Y. 11; 89…
1Opinion of the CourtMcCulloch, J.
This is an action brought by Lula L. Scott, as administratrix of the estate of her deceased husband, George W. Scott, to recover damages resulting from the death of said George W. Scott, caused by the alleged negligence of the defendant, St. Louis, Iron Mountain & Southern Railway Company. He was run over and killed by defendant’s train at Earle, a station in Crittenden County on defendant’s road, and negligence of the servants of the company is charged in “kicking” a caboose and several box cars down the main track without keeping a lookout and without giving, warning of the approach of the…
2Cases cited12 opinions
- Chicago & Eastern Illinois Railroad v. HedgesIndiana Supreme Court · 1885
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Southern Railway Co. v. CampbellSupreme Court of Virginia · 1939
- Missouri & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1908
- Louisiana & Arkansas Railway Co. v. RatcliffeSupreme Court of Arkansas · 1908
- Wilmouth's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1919
8 more not listed; retrieve them via the Exa API.