Prescott & Northwestern Railway Co. v. Weldy
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Joel D. Conway, Judge; STATEMENT BY THE COURT. Action brought by Lula Weldy, as administratrix of the estate of W. W. Weldy, deceased, against the Prescott & Northwestern Railway Company and the Ozan Lumber Company, to recover damages resulting on account of the death of Weldy caused, as alleged, by negligence of the defendants.
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Appeal from Nevada Circuit Court; Joel D. Conway, Judge; STATEMENT BY THE COURT. Action brought by Lula Weldy, as administratrix of the estate of W. W. Weldy, deceased, against the Prescott & Northwestern Railway Company and the Ozan Lumber Company, to recover damages resulting on account of the death of Weldy caused, as alleged, by negligence of the defendants. The plaintiff recovered judgment below, and the defendants appealed. 1. The verdict is without proof to sustain it. There was positive evidence, uncontradicted, that the condition of the track complained of would not cause an engine…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The first assign-men of error is that the evidence is insufficient to sustain the verdict. Weldy was employed as locomotive engineer by Ozan Lumber Company, one of the appellants, which said company was operating a train of cars over the railroad of appellant railway company under some arrangement or agreement between the two companies. The engine which he was operating was derailed and overturned at a sharp curve of the track, and he was killed. It is alleged that the defendants were negligent in permitting the track to get out of repair, in that the…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
3Cited by8 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Ratton v. BusbySupreme Court of Arkansas · 1959
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Bailey v. StateSupreme Court of Arkansas · 1909
- Benson v. Temple Inland Forest Products Corp.Supreme Court of Arkansas · 1997
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