St. Louis, Iron Mountain & Southern Railway Co. v. Thurman
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha II. Evans, Judge; 1. The court should have directed a verdict for the defendant. The evidence going to prove that there were obstructions upon the track which derailed the train can not be controverted, and the presumption of negligence arising from the fact of the derailment was overcome by this clear, positive and uncontroverted proof.
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Appeal from Franklin Circuit Court, Ozark District; Jeptha II. Evans, Judge; 1. The court should have directed a verdict for the defendant. The evidence going to prove that there were obstructions upon the track which derailed the train can not be controverted, and the presumption of negligence arising from the fact of the derailment was overcome by this clear, positive and uncontroverted proof. There was no evidence tending to show any defects of any character in the engine or train, but, on the contrary, the evidence did show that the train and equipment were in first-class condition. 96…
1Opinion of the CourtWood, J.
While appellee was a passenger on appellant’s train running from Little Rock to Coffeyville, Kansas, the car in which he was riding was derailed and overturned, causing appellee serious bodily injuries, damages for which he seeks to recover in this action. 'He alleged that appellant carelessly and negligently ran its train at an unusual and unsafe rate of speed, considering the condition of the track at the place where the injury occurred. That it negligently and carelessly constructed and maintained its roadbed and track at the place where the injury occurred, and carelessly and negligently…
2Cases cited6 opinions
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. ReillySupreme Court of Arkansas · 1913
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- Pollard v. WilliamsSupreme Court of Alabama · 1939
- Southern Railway Co. v. LunsfordCourt of Appeals of Georgia · 1937
- Southwestern Gas & Electric Co. v. MaySupreme Court of Arkansas · 1935
- Killoren Electric Company v. HonSupreme Court of Arkansas · 1947
1 more not listed; retrieve them via the Exa API.