St. Louis, Iron Mountain & Southern Railway Co. v. Elrod
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. One of appellant’s locomotives ran over appellee on the night of the 3d of September, 1911, and so crushed his arm that an amputation at the shoulder was neceessary.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. One of appellant’s locomotives ran over appellee on the night of the 3d of September, 1911, and so crushed his arm that an amputation at the shoulder was neceessary. Appellee alleged and proved that he suffered great pain and anguish, as well as loiss of earning capacity, and, in the trial, from which this appeal is prosecuted, recovered a judgment for the sum of $3,000.00. It is not contended that the judgment is excessive, nor is it claimed that any error was committed by the court in charging the jury, except that…
1Opinion of the Court
Smith, J.,
(after stating the facts. (1) It is true that instruction No. 4, given at appellee’s request, did not comport with what he said the facts were, but the instruction correctly declared the law, and if the jury found the facts to be as they were there hypothetically stated, then appellee was entitled to a verdict. We think the court properly gave this instruction under the circumstances. The fact that appellee was drunk constituted no defense, if his presence was discovered in time to have avoided injuring him, or if, by keeping a constant lookout, his presence could have been so…
2Cases cited4 opinions
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- German-American Insurance v. HarperSupreme Court of Arkansas · 1902
- Kansas City, Fort Scott & Memphis Railway Co. v. BeckerSupreme Court of Arkansas · 1897
- Union Compress Co. v. WolfSupreme Court of Arkansas · 1896
3Cited by8 opinions
- Klein v. MuhlhausenSupreme Court of Oklahoma · 1921
- State v. CriscuoloSupreme Court of Connecticut · 1970
- Missouri Pacific Transportation Co. v. ParkerSupreme Court of Arkansas · 1940
- Louisiana & Arkansas Railway Co. v. WoodsonSupreme Court of Arkansas · 1917
- Kansas City Southern Railway Co. v. WhitleySupreme Court of Arkansas · 1919
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