Prescott & Northern Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Joel D. Conway, Judge. It was error to admit evidence tending to show that appellants, since the occurrence of the accident, placed their engine in front of their train. 30 Minn. 465; 144 U. S. 202, 208; 11 Colo. 507; 51 Conn. 524; 132 111. 53; 45 la. 627; 59 la. 581; 154 Mass. 168; 86 Mich. 14; 77 Mo. 34; 68 N. Y. 547; 73 N. Y. 471; 108 N. Y. 151; 131 N. Y. 382; 73 Tex. 355; 75 Tex. 155; 76 Wis. 71; 90 Wis. 22; 123 Ind. 15. It was error to…
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Appeal from Nevada Circuit Court. Joel D. Conway, Judge. It was error to admit evidence tending to show that appellants, since the occurrence of the accident, placed their engine in front of their train. 30 Minn. 465; 144 U. S. 202, 208; 11 Colo. 507; 51 Conn. 524; 132 111. 53; 45 la. 627; 59 la. 581; 154 Mass. 168; 86 Mich. 14; 77 Mo. 34; 68 N. Y. 547; 73 N. Y. 471; 108 N. Y. 151; 131 N. Y. 382; 73 Tex. 355; 75 Tex. 155; 76 Wis. 71; 90 Wis. 22; 123 Ind. 15. It was error to give the fifth instruction asked by appellee. 5 Otto, 439; 55 Tex. 88; 83 111. 589; 14 Allen, 429. It is negligence per…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment for $1,200 recovered by Mrs. Mary Smith against the Prescott & Northwestern Railway Company as damages for causing the death of her son, Ed Mechlin. The defendant company was the owner and operator of a short-line railroad used mainly to carry logs, but passengers were also carried. On the day of the accident a train composed of nine freight and log cars and a caboose for passengers was backed along the railway of the defendant company, having the caboose in front and the engine in the rear pushing the train backward. Ed Mechlin, the son of the plaintiff, was…
2Cases cited4 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by13 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Collison v. CurtnerSupreme Court of Arkansas · 1919
- City of Wynnewood v. CoxSupreme Court of Oklahoma · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- Bush v. Prescott & Northwestern Railway Co.Supreme Court of Arkansas · 1907
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