Railway Co. v. Roberts
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District. This was a suit of W. J. Roberts, as administrator, for the benefit of the estate of Daniel Roberts, who was alleged to have been killed by the negligence of defendant’s trainmen. Briefly, the facts were as follows : On October 4, 1888, Roberts and Lewis started from the town of Corning, going north. They were driving a two-mule team.
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Appeal from Clay Circuit Court, Western District. This was a suit of W. J. Roberts, as administrator, for the benefit of the estate of Daniel Roberts, who was alleged to have been killed by the negligence of defendant’s trainmen. Briefly, the facts were as follows : On October 4, 1888, Roberts and Lewis started from the town of Corning, going north. They were driving a two-mule team. Bor some 600 yards the public road ran sixty-five or seventy feet west of defendant’s track and parallel with, it. Then it crossed the track. After deceased and his companion had driven about 200 yards north, a…
1Opinion of the CourtMansfield, J.
i. Negligence a question of
Whether the injury complained of resulted from negligence on the part of the was, under the circumstances of the case, a question for the jury. The evidence is sufficient to sustain their finding, and the damages recovered do.not appear to us to be excessive. Penn. R. Co. v. Barnett, 59 Pa. St. 259 Phila. etc. R. Co. v. Killips, 88 Pa. St. 405; Railway v. Hall, 53 Ark. 7.
2. what is proximate ingfeof ldU"
The court’s second, third, eleventh and thirteenth # instructions were correct; and we discover no objection to the twelfth that is not merely formal. The fourth and…
2Cases cited2 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Railway v. HallSupreme Court of Arkansas · 1890
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Railway Co. v. FergusonSupreme Court of Arkansas · 1892
- Railway Co. v. LewisSupreme Court of Arkansas · 1895
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- St. Louis, Iron Mountain & Southern Railway Co. v. AvenSupreme Court of Arkansas · 1895
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