St. Louis, Iron Mountain & Southern Railway Co. v. Standifer
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in instructing the jury, that, the killing by the operation of appellant’s train being proved,- the presumption was that it was due to negligence on the part of those in charge of the train, and that, unless deceased was guilty of contributory negligence, the burden was on appellant to prove that its employees were not negligent in operating the train. 79 Ark.- 76; 44 -Ark. 527; 46 Ark.…
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in instructing the jury, that, the killing by the operation of appellant’s train being proved,- the presumption was that it was due to negligence on the part of those in charge of the train, and that, unless deceased was guilty of contributory negligence, the burden was on appellant to prove that its employees were not negligent in operating the train. 79 Ark.- 76; 44 -Ark. 527; 46 Ark. 555; 51 Ark. 467; 1 Cold. (Tenn.), 611; Wood, Master & Servant, § 382; 51 Ark. 467; 179 U. S. 658; 123 Fed. 61. 2.…
1Opinion of the CourtRiddick, J.
This is an action by the widow and children of T. Y. Standifer against the Iron Mountain Railway Company to recover damages for his death. Standifer was employed by the company as a section hand, and while he, with other employees, was on a handcar which was being propelled along the railway track the car was overtaken and struck by the engine of a passenger train, and Standifer was killed.
The circuit court told the jury in substance that, as Standifer was struck and killed by the train of the defendant company, this made out a prima facie case of negligence against the company, and that to…
2Cases cited3 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- St. Louis & San Francisco Railroad v. HillSupreme Court of Arkansas · 1906
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1914
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. CookSupreme Court of Arkansas · 1911
- F. W. Martin & Co. v. CobbCourt of Appeals for the Eighth Circuit · 1940
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