St. Louis & San Francisco Railway Co. v. Townsend
Supreme Court of Arkansas
Appeal from Sebastian. Circuit Court. Styles T. Rowe, Judge. The court should have instructed the jury peremptorily for appellant. 62 Ark. 156; 49 Ark. 257; 47 Ark. 497; 36 Ark. 371. The first instruction given by the court was erroneous, in that it east the burden on appellant to show: (1) That a constant lookout was kept. 65 Ark. 429, 434, 436; 36 Ark. 371-5; 47 Ark. 497; 49 Ark. 257; 61 Ark. 617; Beach, Contr. Neg. §§ 197, 201, 391-2; 3 Ell.
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Appeal from Sebastian. Circuit Court. Styles T. Rowe, Judge. The court should have instructed the jury peremptorily for appellant. 62 Ark. 156; 49 Ark. 257; 47 Ark. 497; 36 Ark. 371. The first instruction given by the court was erroneous, in that it east the burden on appellant to show: (1) That a constant lookout was kept. 65 Ark. 429, 434, 436; 36 Ark. 371-5; 47 Ark. 497; 49 Ark. 257; 61 Ark. 617; Beach, Contr. Neg. §§ 197, 201, 391-2; 3 Ell. Eailroads, §§ 1165, 1175, 1254; 62 Ark. 619, 624. (2) That deceased was guilty of contributory negligence. 46 Ark. 182-193; 48 Ark. 106, 103; 61 Ark.…
1Opinion of the CourtBattle, J.
E. B. Townsend was killed by a train of the St. Louis & San Francisco Eailroad Company, while he was lying on its track. Flora Townsend, the widow of the deceased, for herself, and as next friend of his and her children, brought this action against the railroad company to recover the damages suffered by them by reason of his death. In the trial that followed little evidence, if any, was adduced to prove that the railroad company discovered the deceased upon its track in time to avoid killing him. The plaintiffs, however, recovered a judgment against the defendant for $1,999, and the defendant…
2Cases cited12 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Illinois Central Railroad v. WeldonIllinois Supreme Court · 1869
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Chicago, Rock Island & Pacific R. R. v. AustinIllinois Supreme Court · 1873
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
17 more not listed; retrieve them via the Exa API.