St. Louis, Iron Mountain & Southern Railway Co. v. Johnson
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. statement by ti-ie court. On November 20, 1901, at Boughton, Arkansas, the appel-lee, Johnson, was struck by a moving train of the appellant railway company, and in consequence of his injury therefrom his right foot had to be amputated. He sued the company, charging negligence. It denied the negligence, and charged contributory negligence. The trial resulted in a verdict for $1,500, and the rail"way company appealed.
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Appeal from Nevada Circuit Court. statement by ti-ie court. On November 20, 1901, at Boughton, Arkansas, the appel-lee, Johnson, was struck by a moving train of the appellant railway company, and in consequence of his injury therefrom his right foot had to be amputated. He sued the company, charging negligence. It denied the negligence, and charged contributory negligence. The trial resulted in a verdict for $1,500, and the rail"way company appealed. Johnson was engaged in the mercantile business, having a store on the southeast side of the railroad track and right of way, which ran through…
1Opinion of the Court
Him,, C. J.,
(after stating the fact.) The instructions present no prejudicial errors. The court practically gave all the instructions requested by the appellant, covering every phase of its case which it desired submitted to the jury. There was abundant evidence of the negligent operation of the train to submit that question to the jury; and as it was done under proper instructions, it must be taken here that the company negligently failed •to keep a lookout, and give warning of its movements.
The case then hinges upon the question whether the uncontra-dicted testimony develops that the…
2Cases cited2 opinions
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