Price v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court. JoER D. Conway, Judge. J. F. Price was killed on the night of December 16, 1898, by falling from a passenger train of the St. Louis, Iron Mountain & Southern Railway. The “cause of fall unknown to jury” was the verdict of the jury of inquest.
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Appeal from Miller Circuit Court. JoER D. Conway, Judge. J. F. Price was killed on the night of December 16, 1898, by falling from a passenger train of the St. Louis, Iron Mountain & Southern Railway. The “cause of fall unknown to jury” was the verdict of the jury of inquest. The widow and children of Price, appellants, sued the appellee, alleging, inter alia, that the proprietor of the Silver Moon Hotel at Texarkana, where Price was stopping, being aware that he expected to go to-Newport, Ark., to visit his wife, who was then sojourning there, took Price, who was from intoxication in an…
1Opinion of the CourtWood, J.
There was.evidence to support the verdict. It was a mixed question of law and fact as to whether appellee was liable in damages for the death of Price. There was such substantial conflict in the evidence as to make it entirely proper for the court to submit the questions of negligence and contributory negligence to the jury upon proper declarations of law to be applied by the jury to the facts. Fisher v. W. Va. & Pittsburgh Ry. Co., 23 L. R. A. 758.
The court granted many separate requests for instructions on behalf of appellants, as well as appellee. It would uselessly extend this opinion for…
2Cases cited10 opinions
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Washington v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Atchison, Topeka & Santa Fe Railway Co. v. ParrySupreme Court of Kansas · 1903
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
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3Cited by20 opinions
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Adams v. St. Louis Southwestern Ry. Co. of TexasCourt of Appeals of Texas · 1911
- Dokus v. PalmerSupreme Court of Connecticut · 1943
- Swilley v. Economy Cab Co. of JacksonvilleSupreme Court of Florida · 1950
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