Barry v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. This action by Lizzie Barry, as administratrix of the estate of her deceased son, George Allen Langdon, deceased, sought to recover the sum of $15,000 for the benefit of such estate, and the further sum of $25,000 as compensatory damages for the benefit of herself as next of kin, because of the wrongful killing of deceased through the negligence of defendants, the Kansas City, Fort Scott &…
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Appeal from Crittenden Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. This action by Lizzie Barry, as administratrix of the estate of her deceased son, George Allen Langdon, deceased, sought to recover the sum of $15,000 for the benefit of such estate, and the further sum of $25,000 as compensatory damages for the benefit of herself as next of kin, because of the wrongful killing of deceased through the negligence of defendants, the Kansas City, Fort Scott & Memphis Railroad Company and the St. Louis & San Francisco Railroad Company. The undisputed facts in this case are: That…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The uncontradicted proof shows that appellant’s intestate was guilty of contributory negligence, which, under many decisions of this court, bars recovery, unless it appears that appellees could by ordinary prudence have avoided the injury after discovering his perilous situation. There is no proof that appellee had discovered the dangerous position of the deceased. The most that could be said of the proof on this point is that appellee by the use of ordinary care might have observed the peril of the deceased in time to have avoided the injury. But this…
2Cases cited7 opinions
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Johnson v. StewartSupreme Court of Arkansas · 1896
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. DingmanSupreme Court of Arkansas · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TuckaSupreme Court of Arkansas · 1910
- Missouri Pacific Railroad v. Coca Cola Bottling Co.Supreme Court of Arkansas · 1922
- Sherman v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.