Railway Co. v. Mitchell
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Port Smith. District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellee, Mrs. Albert Mitchell, recovered a judgment against the St. Bouis & San Francisco Railway Company for $2250, damages for injury received while a passenger on its railway, by the derailment and overturning of the car in which she was riding, at a switch on its road in the State of Kansas. The railway company appealed to this court.
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Appeal from Sebastian Circuit Court, Port Smith. District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellee, Mrs. Albert Mitchell, recovered a judgment against the St. Bouis & San Francisco Railway Company for $2250, damages for injury received while a passenger on its railway, by the derailment and overturning of the car in which she was riding, at a switch on its road in the State of Kansas. The railway company appealed to this court. The case was argmed in this court upon the evidence, the instructions given not being considered, and upon the evi-. deuce this court determines…
1Opinion of the CourtHughes, J.
It is true that the burden was upon the appellee to show by proof that the railway was guilty of negligence. The mere fact that the appellee was injured, without more, was not sufficient to raise a presumption of negligence on the part of the railway company. But the derailment of the car and its •overturning, and the injury to the appellee thereby, being in the usual course, a logical inference of negligence might be drawn therefrom; hence they were sufficient to cast upon the appellant the burden of proving that the injury was not caused by any want of care on its part. In such a case the…
2Cases cited4 opinions
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Eureka Springs Ry. v. TimmonsSupreme Court of Arkansas · 1888
- Central Railroad v. FreemanSupreme Court of Georgia · 1885
3Cited by15 opinions
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- Herndon v. GregorySupreme Court of Arkansas · 1935
- Little Rock Land Company v. RaperSupreme Court of Arkansas · 1968
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Jacks v. ReevesSupreme Court of Arkansas · 1906
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