Missouri & North Arkansas Railroad v. Bratton
Supreme Court of Arkansas
Appeal from .Searcy Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This suit was brought by Benjamin Bratton, Jr., as administrator of the estate of Benj. Bratton, Sr., to recover of appellant damages for the alleged negligent killing of Benj. Bratton, Sr., in operating its passenger train.
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Appeal from .Searcy Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This suit was brought by Benjamin Bratton, Jr., as administrator of the estate of Benj. Bratton, Sr., to recover of appellant damages for the alleged negligent killing of Benj. Bratton, Sr., in operating its passenger train. The negligence alleged was the use of a boiler and engine that were “badly out of repair”; that the engineer and fireman failed to keep a proper lookout; that they failed to “sound a whistle, ring a bell, or give any kind of alarm to passengers on the track of the approach of the…
1Opinion of the Court
Wood, J.,
(after stating the facts.') Appellant assigns as error in its motion for new trial the giving of instructions numbered two, four and six, on the court’s own motion. But there were no exceptions saved to the giving of these instructions, and we cannot therefore consider these assignments of error.
Among other requests for instructions asked by appellant and refused by the court was t'he following:
“You are instructed that when the deceased, Benjamin Bratton, Sr., approached the railroad track of the defendant, and proceeded to walk on the same, he was bound to exercise ordinary…
2Cases cited7 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
- Garner v. TrumbullCourt of Appeals for the Eighth Circuit · 1899
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
7 more not listed; retrieve them via the Exa API.