Legal Opinion

Little Rock & Fort Smith Railway Co. v. Blewitt

Supreme Court of Arkansas

Decided April 16, 1898PublishedCited by 23 opinions

Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. Action by Frankie P. Blewitt, administratrix, against the Little Rock & Fort Smith Railway Cnmpany to recover damages for the killing of G. F. Blewitt. Blewitt was struck and killed by an engine of appellant moving upon a switch or “Y” at or near a public crossing in the town of Coal Hill, about 1 o’clock a. m. of a dark night.

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Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. Action by Frankie P. Blewitt, administratrix, against the Little Rock & Fort Smith Railway Cnmpany to recover damages for the killing of G. F. Blewitt. Blewitt was struck and killed by an engine of appellant moving upon a switch or “Y” at or near a public crossing in the town of Coal Hill, about 1 o’clock a. m. of a dark night. The engineer was not on the engine at the time of the accident, and it was being operated by the fireman. A watchman, named Parker, was sitting on the pilot beam of the engine'. The…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an action by the administratrix of the estate of T. F. Blewitt against the railway company to recover damages for having caused his death. The circuit judge instructed the jury that if Blewitt was struck and killed by an engine on appellant’s railway, this was prima facie proof of negligence on the part of said company. The company contends that this was error, but the same question was considered in the case of St. L., I. M. & S. R. Co. v. Neely (63 Ark. 636), recently determined by this court; and it was ruled in that case, under section 6349,…

2Cases cited4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
  2. Railway Co. v. CullenSupreme Court of Arkansas · 1891
  3. Railway Co. v. TaylorSupreme Court of Arkansas · 1893
  4. Loewenberg v. Railway Co.Supreme Court of Arkansas · 1892

3Cited by23 opinions

  1. Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
  2. Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
  3. Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
  4. Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
  5. Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909

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