St. Louis, Iron Mountain & Southern Railway Co. v. Craft
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; ■ 1. The evidence is not sufficient to prove any conscious suffering on the part of the deceased. No witness testified when he died, nor any who testified that he was ■conscious after the injury. The low groans and muscular movements observed by witnesses were mere incidents of'the death.
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Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; ■ 1. The evidence is not sufficient to prove any conscious suffering on the part of the deceased. No witness testified when he died, nor any who testified that he was ■conscious after the injury. The low groans and muscular movements observed by witnesses were mere incidents of'the death. From the character of the injuries, the car wheel having passed over his body and crushed the lower part of his abdomen, it is not a reasonable inference that he was conscious, and mere conjecture can not supply the necessity of proof of conscious…
1Opinion of the CourtHart, J.
J. T. Craft, as administrator of the estate of Tom Craft, deceased, sued the St. Louis, Iron Mountain & Southern Railway Company under the Federal Employers’ Liability Act for damages for personal injuries sustained by the decedent which resulted in his death.
On the 16th day of February, 1913, plaintiff’s decedent, while a brakeman in the employment of the defendant railway company, was negligently run over in the night time by a coal car. He lived for something over thirty minutes, and suffered great agony. At the time he was injured he was twenty-three years of age and made material…
2Cases cited3 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1913
3Cited by14 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- Bimberg v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1944
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