St. Louis, Iron Mountain & Southern Railway Co. v. Armbrust
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; statement by the court. John Armbrust -sued the St. Louis, Iron. Mountain & Southern Bailway Company to recover damages for alleged personal injuries inflicted by the latter upon the former iby its negligence.
Read the full summary
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; statement by the court. John Armbrust -sued the St. Louis, Iron. Mountain & Southern Bailway Company to recover damages for alleged personal injuries inflicted by the latter upon the former iby its negligence. The facts in the ease as shown by the testimony on the part of the plaintiff are substantially as follows: On the 6th day of September, 1914, as John Armbrust approached a public crossing over the St. L., I. M. & S. By. 'Company’s track -near Malvern he saw a fast mail train approaching and stopped within thirty or forty feet of…
1Opinion of the CourtHast, J.
(after stating the facts.) (1) It is insisted by counsel for the defendant that the evidence is not sufficient to warrant the verdict. We do not agree with counsel in this contention. The facts lof the case bring it within the doctrine of res ipsa loquitur.
In the case of Louisville & Nashville Rd. Co. v. Reynolds, 71 S. W. 516, under a substantially similar‘state of facts, the Court of Appeals of Kentucky held that the doctrine of res ipsa loquitur applied. There a person was standing at the depot near the tract for the purpose of boarding a passenger train, having been informed that it was…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Price v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Scullin v. ViningSupreme Court of Arkansas · 1917
- Davis v. HarefordSupreme Court of Arkansas · 1922
- Johnson v. GreenfieldSupreme Court of Arkansas · 1946
- Chesapeake & Ohio Ry. Co. v. RowlandCourt of Appeals of Kentucky · 1919
2 more not listed; retrieve them via the Exa API.