Little Rock & Ft. Smith Railway Co. v. Pankhurst
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. M. L. Rice, Special Judge. Appellant only bound, under the circumstances in evidence, to avoid malicious or reckless injury. Johnson v. Boston $ Maine B. B. Co., 125 Mass., 75; Morrissey v. Pastern B. B. Co., 126 Mass., 8 Cent. Law Journal, 385; Mulhernv. B. B. Co., 81 Penn.
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APPEAL from Pulaski Circuit Court. Hon. M. L. Rice, Special Judge. Appellant only bound, under the circumstances in evidence, to avoid malicious or reckless injury. Johnson v. Boston $ Maine B. B. Co., 125 Mass., 75; Morrissey v. Pastern B. B. Co., 126 Mass., 8 Cent. Law Journal, 385; Mulhernv. B. B. Co., 81 Penn. St., 366; Wharton on Negligence, sec. 388, a; Shearman $ Bedjielcl on Neg., secs. 10, 11. Failure to have light in front, no negligence, unless the accident were the natural and probable result of the omission. Sh. Bed. on Neg., secs. 6, 8 and 10; Belfontaine B. B. Co. v. Sneider,…
1Opinion of the CourtHarrison, J.
This was an action by Mary Pankhurst, administratrix of William H. Pankhurst, against the Little Rock and Fort Smith Railway Company for causing the death of her intestate by the negligent management of its train.
The defense was that the death of the deceased was occasioned by his own negligence and not by that of the defendant.
There was a verdict for the plaintiff for $1,685. The defendant moved for a new trial, and the motion being overruled, appealed.
It appears from the evidence, which was in no material part conflicting, that the deceased, who lived on or near the defendant’s road, about…
2Cases cited7 opinions
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1894
- Monongahela River Consol. Coal & Coke Co. v. SchinnererCourt of Appeals for the Sixth Circuit · 1912
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
21 more not listed; retrieve them via the Exa API.