Davis v. Scott
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; A. B. Priddy, Judge; The court should have directed a verdict for defendant.
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Appeal from Yell Circuit Court, Danville District; A. B. Priddy, Judge; The court should have directed a verdict for defendant. The facts did not justify a submission of the question to the jury. 107 Ark. 431; 97 Ark. 560; 129 Ark. 77. The testimony is not sufficient to show negligence in the speed maintained by the train. 63 Ark. 177; 84 Ark. 270. The plaintiff, knowing Ms physical defect, was guilty of negligence in going upon the track in front of the approaching train. 150 S. W. 29; 33 S. W. 396. Damages cannot be recovered' where the testimony shows that the employees exercised all…
1Opinion of the CourtMcCulloch, C. J.
Berry Scott was run over and killed at the town of Belleville, in Yell 'County, by the locomotive of a freight train on the railroad of the Chicago, Bock Island & Pacific Bailway Company, then being operated under Government control. This is an action instituted in the circuit court of Yell County (Danville District) against the Director General of Bailroads, as agent, to recover compensation for injuries resulting to the widow and next of kin of said decedent by reason of the latter’s death. The damages were laid in the sum of $3,000, and on the trial of the case the jury awarded damages in…
2Cases cited16 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- St. Louis & S. F. R. Co. v. JonesSupreme Court of Oklahoma · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Harper v. Mo. Pac. Rd. Co.Supreme Court of Arkansas · 1958
- Missouri Pacific Railroad Co. v. TrotterSupreme Court of Arkansas · 1931
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- St. Louis-San Francisco Railway Co. v. KirkpatrickSupreme Court of Arkansas · 1922
9 more not listed; retrieve them via the Exa API.