St. Louis, Iron Mountain & Southern Railway Co. v. Gibson
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover damages for the wrongful death of her husband, O. E. Gibson. This is the second appeal in the case, and the opinion on the first appeal is reported in 107 Arle 431, under the style of St. Louis, I. M. (& S. Ry. Co. v. Gibson.
Read the full summary
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover damages for the wrongful death of her husband, O. E. Gibson. This is the second appeal in the case, and the opinion on the first appeal is reported in 107 Arle 431, under the style of St. Louis, I. M. (& S. Ry. Co. v. Gibson. The facts, as proved by the appellee, are substantially as follows: O. E. Gibson was seen sitting on the cross-ties on appellant’s line of railway, a short distance south of Hope, on the afternoon of January 27,1912. About twenty-five minutes thereafter…
1Opinion of the Court
Hart, J.,
(after stating the facts). The principal question raised by the appeal is whether the court erred in rejecting certain testimony of one Whitworth, who was appellant's station agent and telegraph operator at Fulton on January 27, 1912, the day Gibson was killed.
The railroad was operated by what was called the “block system.” Whitworth testified that he kept a record of the movements of the trains on the block south of Fulton and the one north of it; that the block south of Fulton was from Clear Lake Junction to Fulton, and that the block north of Fulton was from Fulton to Hope; that…
2Cases cited3 opinions
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1906
3Cited by16 opinions
- Green v. StateSupreme Court of Arkansas · 1954
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Thompson v. CarleyCourt of Appeals for the Eighth Circuit · 1944
- Kelly v. DeQueen & Eastern RailroadSupreme Court of Arkansas · 1927
- Mo. Pac. Rd. Co., Thompson, Trustee v. SevereSupreme Court of Arkansas · 1941
11 more not listed; retrieve them via the Exa API.