Kansas City Southern Railway Co. v. Drew
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee, Mike Drew, brought this suit against the appellant railroad company to recover damages for injuries sustained by him while going over the tracks of the appellant at a public crossing in the town of Horatio, in Sevier County, Arkansas.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee, Mike Drew, brought this suit against the appellant railroad company to recover damages for injuries sustained by him while going over the tracks of the appellant at a public crossing in the town of Horatio, in Sevier County, Arkansas. The train crew of appellant had brought into the town of Horatio a long train of freight cars; the train was northbound, and was so heavy that the engine could not pull it up the grades north of Horatio. Immediately upon its arrival at Horatio, the train was stopped,…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first urged by appellant that the court erred in giving instruction No. 1 at the request of the appellee. The instruction is as follows:
“1. You are instructed that if you find from a preponderance of the evidence that the plaintiff was struck and injured by an engine on defendant’s road, that this is prima facie evidence of negligence on the part of the defendant.”
The appellee was injured by the operation of defendant’s train, and there was no error in giving the instruction. In the case of St. Louis, I. M. & S. Ry. Co. v. Evans, 80 Ark. 19, the court…
2Cases cited8 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- Fort Smith & Western Railway Co. v. MessekSupreme Court of Arkansas · 1910
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mary Ellen Scoville, Administratrix of the Estate of Thomas W. Scoville, Jr., Deceased v. Missouri Pacific Railroad Company, Robert King, Administrator of the Estate of Angela King, Deceased v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1972
- Hiatt v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1925
- St. Louis-San Francisco Ry. Co. v. WhitfieldSupreme Court of Arkansas · 1922
- St. Louis Southwestern Railway Co. v. VaughanSupreme Court of Arkansas · 1929
- Scoville v. Missouri Pacific RailroadCourt of Appeals for the Eighth Circuit · 1972
4 more not listed; retrieve them via the Exa API.