Railway Co. v. Ross
Supreme Court of Arkansas
Appeal from Saline Circuit Court. -Action by Josephine Ross, administratrix of her husband, George Ross, deceased, against the St. Louis, Iron Mountain & Southern Railway Company.
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Appeal from Saline Circuit Court. -Action by Josephine Ross, administratrix of her husband, George Ross, deceased, against the St. Louis, Iron Mountain & Southern Railway Company. The facts are stated in the opinion. 1. Upon the admitted facts, Ross was guilty of negligence, which was the direct and proximate cause of his death, and for which defendant cannot be held liable. 45 Ark. 248; 46 id. 92; 49 id. 259; 36 id. 371; 47 id. 477 ; 46 id. 513; 54 id. 434. 2. The verdict was contrary to the law as declared by the court. 48 Miss. 112; 12 Am. Rep. 356 ; 19 Wend. 343; 69 Pa. St. 210 ; 57 id.…
1Opinion of the CourtHughes, J.
The appellee brought this action to recover of appellant damages for the killing of her husband, which, she alleged in her complaint, was caused by the negligent backing on him, by the appellant’s servants, of a tender pushed by an engine on the railway of appellant at Alexander, in Saline county, in this State. The appellant denied negligence, and alleged that the plaintiff’s intestate was a trespasser on its track, and was guilty of contributory negligence at the time he was struck by the tender. A jury trial resulted in a verdict of ten thousand dollars for the appellee. Appellant brought…
2Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1897
- Burns v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. RossSupreme Court of Arkansas · 1896