Railway Co. v. Robbins
Supreme Court of Arkansas
Appeal from White Circuit Court. Grant Green, Jr., Judge. Mrs. B. M. Robbins, as administratrix of the estate of J. B. Robbins, deceased, sued the St. Louis, Iron Mountain & Southern Railway Company.
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Appeal from White Circuit Court. Grant Green, Jr., Judge. Mrs. B. M. Robbins, as administratrix of the estate of J. B. Robbins, deceased, sued the St. Louis, Iron Mountain & Southern Railway Company. The complaint alleged, in substance, that while deceased was in the employ of defendant as a brakeman on one of its trains, and was in the discharge of his duty as such brakeman, he was, by the negligence of defendant and without fault upon his part, run over by the train and so badly injured that shortly thereafter he died. There were two counts in the complaint; one asked for $20,000 for the…
1Opinion of the CourtHlmingway, J.
The appellant relies upon four grounds to reverse the judgment, which are as follows :
1. That there is no proof of negligence on its part.
2• That if any negligence is shown, it does not appear to have occasioned the injury.
3. That if the proof showed that the injury was occasioned in part by the defendant’s neglect, the deceased knew of the danger and assumed the risk.
4. That the verdict is excessive.
The following state of case might have been found. from the evidence, and is sufficient to the determination of the three grounds first stated.
The injury was done in switch-yards where the ties…
2Cases cited8 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Missouri Pacific Railway Co. v. DwyerSupreme Court of Kansas · 1886
- Texas & St. Louis Railway Co. v. EddySupreme Court of Arkansas · 1884
- Clapp v. Hudson River Rail RoadNew York Supreme Court · 1854
- Goetz v. AmbsSupreme Court of Missouri · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Baltimore & Ohio Southwestern Railway Co. v. LittleIndiana Supreme Court · 1897
- Missouri Pacific Transportation Co. v. SimonSupreme Court of Arkansas · 1939
- Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
4 more not listed; retrieve them via the Exa API.