St. Louis, Iron Mountain & Southern Railway Co. v. Pritchett
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. Richard EL Powell, Judge. The engineer had a right to presume that the child, not seeing the danger of attempting to cross in front of the engine, would abandon the attempt. 63 Ark. 177; 36 Ark. 41; 47 Ark. 497; 46 Ark. 513; 37 Ark. 393. The fact that deceased was too young to be guilty of contributory negligence does not render appellant liable unless it is guilty of negligence. 19 L. R. A. 167; 88 Pa. St. 520; S. C. 32 Am.
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Appeal from Jackson Circuit Court. Richard EL Powell, Judge. The engineer had a right to presume that the child, not seeing the danger of attempting to cross in front of the engine, would abandon the attempt. 63 Ark. 177; 36 Ark. 41; 47 Ark. 497; 46 Ark. 513; 37 Ark. 393. The fact that deceased was too young to be guilty of contributory negligence does not render appellant liable unless it is guilty of negligence. 19 L. R. A. 167; 88 Pa. St. 520; S. C. 32 Am. Rep. 473; 74 Fed. 313; 126 Mass. 397; 97 111. 66-71; 70 N. Y. 126; 60 Mo. 413; 14 R. T. 314; 11 'Wright, 304; 12 id. 218. The first…
1Opinion of the CourtRiddick, J.
This was an action by the administrator of the estate of M. E. Pritchett against the appellant company for injuries causing him pain, suffering and death. The deceased was a boy only seven years of age, and in attempting to cross the railway track of appellant at a public crossing in the toyp of Newport he was struck by the tender of a backing engine and killed. The evidence, we think, makes out a case of negligence against the employees in charge of the engine sufficient to support the verdict of the jury. The only error complained of is that the court gave the following instruction: “It is…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. WarenSupreme Court of Arkansas · 1898
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1896
3Cited by60 opinions
- Parks v. PavkovicCourt of Appeals for the Seventh Circuit · 1985
- Joshua Deshaney, a Minor, by His Guardian Ad Litem, Curry First, Esq. And Melody Deshaney v. Winnebago County Department of Social ServicesCourt of Appeals for the First Circuit · 1987
- Ill. Cent. R. Co. v. NicholsTennessee Supreme Court · 1938
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
- North Memphis Sav. Bank v. Union Bridge & Construction Co.Tennessee Supreme Court · 1917
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