Bauer v. St. L., I. M. & S. Ry. Co.
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. The court erred in amending plaintiff’s first instruction, and in giving it as altered, and in giving the first, second, third and fourth instructions for appellee. 5 B. J. Lea (Tenn.), 5]$; 56 Iowa, 337. These instructions are wrong : First — They tell the jury that the defendant was not guilty of negligence by not seeing Bauer on the track.
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APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. The court erred in amending plaintiff’s first instruction, and in giving it as altered, and in giving the first, second, third and fourth instructions for appellee. 5 B. J. Lea (Tenn.), 5]$; 56 Iowa, 337. These instructions are wrong : First — They tell the jury that the defendant was not guilty of negligence by not seeing Bauer on the track. Second — That Bauer was guilty of contributory negligence by not seeing the engine in time to save himself. See 36 Ark., 371; 40 ib., 336; 37 ib., 562; 39 ib., 491; 5 N. Y., 887; 36…
1Opinion of the CourtBattle, J.
On the 14th day of June, 1883, Frederic Bauer, the father of appellant, was killed by a locomotive of the Texas & Pacific Railroad Company in the yard and on the track of the St. Louis, Iron Mountain & Southern Railway Company, at Texarkana, in this state. He left Minnie Bauer, his'widow, and Frederic "W. Bauer, his only child and sole heir and distributee, him surviving. Frederic W. Bauer instituted this action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages suffered on account of the killing.
The facts in this case are substantially as follows:
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2Cases cited5 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Baxter v. RobertsCalifornia Supreme Court · 1872
- Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Clark v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1879
3Cited by2 opinions
- Saint Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1906
- Park Hotel Co. v. LockhartSupreme Court of Arkansas · 1894