Lee v. Helena, Parkin & Northern Railway Co.
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. Plaintiff was a passenger, and entitled to tbe same degree of care. He was an employee of tbe Lansing Wheelbarrow Company. 98 Ark. 514; 56 Id. 594; 79 Fed. 56L 2. Proof of injury makes a prima facie case of negligence, and tbe presumption was not overcome. 83 Ark. 217; 88 Id. 12; 87 id. 308. 3. Tbe facts should have been submitted to a jury upon an instruction of discovered peril.
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Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. Plaintiff was a passenger, and entitled to tbe same degree of care. He was an employee of tbe Lansing Wheelbarrow Company. 98 Ark. 514; 56 Id. 594; 79 Fed. 56L 2. Proof of injury makes a prima facie case of negligence, and tbe presumption was not overcome. 83 Ark. 217; 88 Id. 12; 87 id. 308. 3. Tbe facts should have been submitted to a jury upon an instruction of discovered peril. Kirby’s Digest, § 6607; Kirby & Castle’s Digest, § 8131; 56 Ark. L. Rep. 67; 88 Id. 490; 102 id. 419. Plaintiff was a mere trespasser. Tbis was a timber road…
1Opinion of the CourtHumphreys, J.
George Lee, appellant, brought suit against the Helena, Partin & Northern Railway Company, appellee, in the Cross Connty Circuit Court to recover damage's on account of personal injuries received by him when thrown to the track from a wrecked car in a moving log train being operated by appellee from Parkin to Neeley’s Lake in said county. The material allegation in the complaint is that the track gave way under the train through the carelessness and negligence of appellee, thereby causing the wreck of the car upon which appellant w.ás riding as a passenger.
Appellee denied that appellant was a…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. McLaughlinSupreme Court of Arkansas · 1917
- St. Louis Southwestern Railway Co. v. BryantSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Arnold v. OliverSupreme Court of Arkansas · 1922