Legal Opinion

Evans v. Blytheville, Leachville & Arkansas Southern Railroad

Supreme Court of Arkansas

Decided January 10, 1921PublishedCited by 3 opinions

Appeal from Mississippi 'Circuit Court, Chickasawba District; B. II. Dudley, Judge; The court erred in directing a verdict for defendant. Evans was on duty, where he had a right to be, and he was killed by defendant’s train; that makes a case of negligence in defendant which was not overcome by any evidence showing the exercise of dne care to prevent ■ the injury. The company was negligent and is liable.

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Appeal from Mississippi 'Circuit Court, Chickasawba District; B. II. Dudley, Judge; The court erred in directing a verdict for defendant. Evans was on duty, where he had a right to be, and he was killed by defendant’s train; that makes a case of negligence in defendant which was not overcome by any evidence showing the exercise of dne care to prevent ■ the injury. The company was negligent and is liable. Evans was not guilty of contributory negligence, and it was error to direct a verdict. A proper lookout was not kept. 102 S. W. 701-2. The killing by a train raises a presumption of…

1Opinion of the CourtSmith, J.

Appellant is the widow and administratrix of John Evans, who was killed November 4, 1917, while employed by appellee railroad company,, and she sues to recover damages for his death. There was a trial before a jury, which terminated in a verdict for the railroad company under the direction of the court.

It is insisted for appellee that the killing was caused solely and entirely by the negligence of Evans; that a proper lookout was being kept, and that sufficient warning was given that the train which killed him was about to move, by ringing the bell; and that no negligence was show®, o® the…

2Cases cited3 opinions

  1. Railway Co. v. HammondSupreme Court of Arkansas · 1894
  2. Stuckey v. StephensSupreme Court of Arkansas · 1914
  3. Yazoo & Mississippi Valley Railroad v. HillSupreme Court of Arkansas · 1919

3Cited by3 opinions

  1. St. Louis-San Francisco Railway Co. v. BurnsSupreme Court of Arkansas · 1933
  2. Arkansas Mining Co. v. EatonSupreme Court of Arkansas · 1926
  3. Riley v. Motor Express, Inc.Supreme Court of Arkansas · 1937

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