St. Louis, Iron Mountain & Southern Railway Co. v. Flinn
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; statement by the court. Viola May Noel, an infant twenty months of age, was struck by a locomotive upon defendant’s railroad, and this action was brought to recover damages for her injury.
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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; statement by the court. Viola May Noel, an infant twenty months of age, was struck by a locomotive upon defendant’s railroad, and this action was brought to recover damages for her injury. In September 1907, W. W. Noel, his wife, Polly Ann Noel, with the infant, Viola May, in her arms, and their fifteen-year old son, Johnnie, were walking across a trestle upon defendant’s line of railway near Bergman in Boone County, Arkansas. The bridge or trestle was 365 feet long. They were going south, and when they got to the middle of the…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant first insist that the court erred in refusing to give the fourth instruction asked by it, which is as follows:
“If you find from the evidence that the plaintiff, Viola May Noel, was a child of tender years in arms, and was in the custody of her parents, and that her said parents negligently took her upon a trestle, a part of the defendant’s railway, and negligently exposed her to danger, and in consequence of such negligence on the part of her said parents she was struck by the defendant’s engine and injured, you will find for the…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- German-American Insurance v. BrownSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. CochranSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Arcola Sugar Mills Co. v. Houston Lighting & Power Co.Court of Appeals of Texas · 1941
- Arkansas State Highway Comm'n v. PittmanSupreme Court of Arkansas · 1971
- Missouri Pac. R.R. Co., Thompson v. MooreSupreme Court of Arkansas · 1946