St. Louis & San Francisco Railroad v. Champion
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. These suits were instituted by the. appellee — one in his .own right, and the other, as administrator of the estate of Charles Champion — to recover damages for the loss by appellee of the services of his minor child, and for the benefit of the estate of the child.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. These suits were instituted by the. appellee — one in his .own right, and the other, as administrator of the estate of Charles Champion — to recover damages for the loss by appellee of the services of his minor child, and for the benefit of the estate of the child. The causes were consolidated and tried by a jury, that returned a verdict in favor of the appellee, in his own right, in the sum of one thousand dollars ($1,000), and for the benefit of the estate, in the sum of two hundred dollars ($200). The…
1Opinion of the CourtWood, J.
The appellant contends that the proximate cause of the death of Charles Champion was the fact of his being knocked down on the track by his companion running into him, when he was in front of the moving car. On this question, the court instructed the jury, at the instance of appellant, as follows:
“If you-find that a child ran into the deceased child and knocked him down on the track, and, without the intervention of this act, that the result would not have followed; and you further find that men of ordinary care and prudence would not, in switching, anticipate such an occurrence, then the act…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- Inabnett v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
3Cited by5 opinions
- Blytheville, Leachville & Arkansas Southern Railway Co. v. GessellSupreme Court of Arkansas · 1923
- Chicago, Rock Island & Pacific Railway Co. v. ElzenSupreme Court of Arkansas · 1918
- Bond v. Mo. Pac. R. Co.Supreme Court of Arkansas · 1961
- St. Louis Southwestern Railway Co. v. EverettSupreme Court of Arkansas · 1916
- Stockton v. Missouri Pacific RailroadSupreme Court of Missouri · 1959