St. Louis & San Francisco Railroad v. Cooksey
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jeptua H. Evans, Judge. This was an action to recover damages for an accidental scalding caused by the negligence of one of defendant’s employees.
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Appeal from Crawford Circuit Court. Jeptua H. Evans, Judge. This was an action to recover damages for an accidental scalding caused by the negligence of one of defendant’s employees. There’ was evidence that plaintiff had just alighted from defendant’s train, and was passing the engine, which was not in motion, when one of' the defendant’s employees, engaged in wetting coal on the tender,, carelessly turned the hose so as to throw a stream of hot water on plaintiff, whereby he was severely burnt. He recovered judgment,, from which defendant appealed. Appellant owed appellee ordinary care…
1Opinion of the CourtWood, J.
The court gave the following: “7. If the plaintiff shows by a preponderance of evidence that he was injured by the operation of defendant’s train, it is presumed that the injury was negligent, and the burden in such case is upon defendant to show that the injury was not the result of negligence.”
Section 6349 of Sandels & Hill’s Digest provides: “All railroads which are now or may be hereafter built and operated in whole or in part in this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.”
The statute, being in derogation…
2Cited by8 opinions
- Washington-Virginia Railway Co. v. BouknightSupreme Court of Virginia · 1912
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. FambroSupreme Court of Arkansas · 1908
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- St. Louis-San Francisco Railway Co. v. YoungSupreme Court of Arkansas · 1927
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