St. Louis, Iron Mountain & Southern Railway Co. v. Scott
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. A locomotive engineer has a right to presume that a person on the track will leave the track in time for an approaching train to pass.. 77 Ark. 405; 90 Ark. 378-286. 2. All persons are presumed to be in possession of their faculties, and the engineer had the right to presume that, when he sounded the danger signals, deceased and his companions would leave the track.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. A locomotive engineer has a right to presume that a person on the track will leave the track in time for an approaching train to pass.. 77 Ark. 405; 90 Ark. 378-286. 2. All persons are presumed to be in possession of their faculties, and the engineer had the right to presume that, when he sounded the danger signals, deceased and his companions would leave the track. The court therefore erred in refusing to give instructions 4 and 12, requested by appellant. 46 Ark. 523; 2 White, Personal Injuries on Railroads, § § 1085, 1890. The…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff’s intestate, Homer Scott, was a deaf and dumb boy, fifteen years of age, and was run over and killed by one of defendant’s trains while he and two deaf-mute companions, about the same age, were walking the track near McAlmont,a station on the road six or seven miles north of Little Rock. The plaintiff is the father of Homer Scott, and sues as administrator to recover damages to the estate on account of the pain afid suffering endured by deceased, and also damages to himself on account of the loss of services of deceased to which he was entitled as parent. A trial resulted in a…
2Cases cited1 opinion
- Memphis, Dallas & Gulf Railroad v. BuckleySupreme Court of Arkansas · 1911
3Cited by2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. JonesSupreme Court of Arkansas · 1916
- St. Louis Southwestern Railway Co. v. WilsonSupreme Court of Arkansas · 1915