Chicago, Rock Island & Pacific Railway Co. v. Adams

Kirby, J.,

(after stating the facts). Only two questions are raised by the appeal, the sufficiency of the evidence to support the verdict, and whether the court erred in instructing the jury as to the measure of damages.

The suit being brought under the Federal Employers ’ Liability Act, there is no presumption of negligence,, and no duty on the part of the trainmen to keep a lookout as provided for by the statutes of Arkansas, which do not apply. C. M. & St. Paul Ry. Co. v. Coogan, 271 U. S. 472; St. L. & S. F. Ry. Co. v. Smith, 179 Ark. 1015, 19 S. W. (2d) 1102. In the latter case it was said…