St. Louis, Iron Mountain & Southern Railway Co. v. Evans
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Bashami, Judge; 1. The decision of this court on former appeal, 87 Ark. 628, left no question at issue but the one whether or not, under the emergency shown, the engineer acted with ordinary care.
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Appeal from Pope Circuit Court; Hugh Bashami, Judge; 1. The decision of this court on former appeal, 87 Ark. 628, left no question at issue but the one whether or not, under the emergency shown, the engineer acted with ordinary care. The fourth instruction, given by the court, errs in that it eliminates -the question of the engineer being in the exercise of ordinary good care when under the emergency -existing he believed it would be safer not to blow the whistle or ring the bell. 60 Ark. 586. 2. There is no presumption of law that the engineer saw the deceased, knew that he was a man…
1Opinion of the Court
McCurroch, C'. J.
David F. Evans was struck and killed by one of defendant’s trains while he was asleep near the track, in the night time,' with his head resting on or near the end of the cross-ties. His administrator instituted this action to recover damages -on account of alleged negligence of defendant’s servants in charge of the train, and on a former trial of the case the circuit court instructed the jury to return a verdict in favor of defendant. Plaintiff appealed, and this -court reversed the judgment and remanded the cause for a new trial, holding that there was sufficient evidence to…
2Cases cited2 opinions
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
3Cited by3 opinions
- Hines v. BettsSupreme Court of Arkansas · 1920
- Coppersmith v. StateSupreme Court of Arkansas · 1921
- Kansas City Southern Ry. Co. v. LeslieSupreme Court of Arkansas · 1916