Evans v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. This was clearly a case for the jury. The testimony of the engineer is unreasonable and contradicted by the physical facts and other evidence.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. This was clearly a case for the jury. The testimony of the engineer is unreasonable and contradicted by the physical facts and other evidence. Courts and jurors are not required to accept as true the testimony of a witness, even though it is not contradicted by other witnesses, if it be contrary to reason and human experience. 79 Ark. 608; 106 S. W. (Ark.) 948; 74 Ark. 483. 2. A prima facie case -of negligence was made out against appellee, when the killing by one of its trains was proved. Kirby’s Dig. § 6773; 102 S'. W. (Ark.) 700; 65…
1Opinion of the Court
■Hart, J.
Plaintiff brought this suit as administrator of the estate of David F. Evans, deceased, and also as next of kin of said deceased, against the defendant to recover damages on account of the killing of said Evans.
The complaint alleges in substance that Evans was struck and killed by a train of the defendant on the night of July 14, 1907; that it was a starlight night, and that the track was perfectly straight, with the view unobstructed for 'two miles or more east of where Evans was struck and killed by the train; that he and his companion were lying asleep on the north side of the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
3Cited by7 opinions
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1910
- Little Rock & Monroe Railway Co. v. RussellSupreme Court of Arkansas · 1908
- Hines v. BettsSupreme Court of Arkansas · 1920
- Crawford v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1909
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