St. Louis, Iron Mountain & Southern Railway Co. v. Shaw
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in treating appellant’s negligence in the operation of its train as the proximate* cause of the injury. 56 Ark. 387; 21 S. C. 466; 1 Thompson, Neg. § § 44-45. 2. Appellant’s eighth and twelfth instructions should have been given, submitting to the jury the proposition that if deceased was knocked or frightened into the way of the oncoming train by a truck operated by an employee of an express…
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in treating appellant’s negligence in the operation of its train as the proximate* cause of the injury. 56 Ark. 387; 21 S. C. 466; 1 Thompson, Neg. § § 44-45. 2. Appellant’s eighth and twelfth instructions should have been given, submitting to the jury the proposition that if deceased was knocked or frightened into the way of the oncoming train by a truck operated by an employee of an express company, appellant would not be responsible therefor. 3 Thompson, Neg. § 2767; 114 Ind. 476; 24 L. R. A. 215; 50 Am. Rep.…
1Opinion of the CourtMcCuuuoch, C. J.
This is an action instituted by the administrator of the estate of Joe Shaw, deceased, to recover damages resulting from an injury of said decedent by one of appellant’s passenger trains at Hope, Arkansas. Deceased was a boy 17 years of age, and was on his way from Emmett, a station on appellant’s road, to Washington, Arkansas, which is.on the line of the Arkansas & Louisiana Railway Company. He came from Emmett to Hope over appellant’s line, and at the time he was run over by the train he was waiting for his train to start qn the Arkansas & Louisiana Railroad. The two roads jointly used the…
2Cases cited4 opinions
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Chicago Mill & Lumber Co. v. CooperSupreme Court of Arkansas · 1909
3Cited by3 opinions
- St. Louis Southwestern Railway Co. v. KendallSupreme Court of Arkansas · 1914
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
- Holt v. LeslieSupreme Court of Arkansas · 1915