St. Louis, Iron Mountain & Southern Railway Co. v. Owens
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. Between master and servant a prima facie case of negligence is not made by proof of injury. 100 Ark. 467; 79 Ark. 81. In the absence of a statute, there is no presumption of negligence. 44 Ark. 527; 46 Id. 555; 51 Id. 467; 179 U. S. 658. The doctrine of res ipsa loquitur does not apply. 2. There is no proof as to how the accident happened. Verdicts can not be found on conjecture.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. Between master and servant a prima facie case of negligence is not made by proof of injury. 100 Ark. 467; 79 Ark. 81. In the absence of a statute, there is no presumption of negligence. 44 Ark. 527; 46 Id. 555; 51 Id. 467; 179 U. S. 658. The doctrine of res ipsa loquitur does not apply. 2. There is no proof as to how the accident happened. Verdicts can not be found on conjecture. There must be proof. 67 C. C. A. 421; 132 Fed. 593; 139 Id. 737; 152 Id. 419; 98 C. C. A. 281; 101 Wis. 371; 115 S. W. 890; 133 N. Y. 659; 179 U. S. 658;…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff's intestate, Mack Apple, while working for defendant as brakeman on a freight train, was run over by his train and killed, and this action is for the benefit of the widow and children to recover damages sustained by them on account of the death of said intestate. Apple was brakeman on a northbound freight train, and was killed about noon on October 11, 1910, between the stations of Cabot and Austin, which are about three miles apart.
Negligence of the defendant is charged in raising an embankment of dirt so near the track that deceased, while performing his duty on a passing train,…
2Cases cited4 opinions
- Railway Co. v. HendersonSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
- Walker v. Louis Werner Sawmill Co.Supreme Court of Arkansas · 1905
3Cited by22 opinions
- Runyan v. GoodrumSupreme Court of Arkansas · 1921
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- Traders & General Ins. Co. v. PowellCourt of Appeals for the Eighth Circuit · 1949
- St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
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