St. Louis, Iron Mountain & Southern Railway Co. v. Ramsey
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; statement by the court. This is a suit brought by E. A. Ramsey, administrator of the estate of S. J. Calhoun, deceased, against the St. Louis, Iron Mountain & Southern Railway Company.
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; statement by the court. This is a suit brought by E. A. Ramsey, administrator of the estate of S. J. Calhoun, deceased, against the St. Louis, Iron Mountain & Southern Railway Company. The complaint alleges that on the 2d day of January, 1908, the deceased, S. J. Calhoun, was a locomotive engineer employed by the defendant; that on that day, at about the hour of 6 o’clock p. m., while the deceased was in the perforniance of his duty as engineer of a through freight train going north on the main line of the defendant’s railroad, the…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is earnestly insisted by counsel for appellant that the evidence did not warrant the verdict. The complaint does not allege that the switch or any of its appliances was defective, but only alleges that the defendant negligently permitted it to be left open and so to carry the decedent’s train from the main track to the side track, where it was derailed, causing the death of the engineer. Hence it will be seen that the negligence complained of was not in the construction, preparation or repairs of the railroad, but in its operation. Hence the character of…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. DavisSupreme Court of Arkansas · 1910
3Cited by8 opinions
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- Osborne v. HittsonSupreme Court of Arkansas · 1915
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