Porter v. Scullin
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jagkson, Judge; 1. The testimony made a prima facie case of injury from negligence and the burden was on the company to show that the lookout statute was complied with. The company was clearly liable. 107 Ark. 441. The case 113 Ark. 353 is not in point. The physical facts make out a prima facie case. It was error to direct a verdict. The case should have been submitted to the jury. 1. The court properly directed a verdict.
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Appeal from White Circuit Court; J. M. Jagkson, Judge; 1. The testimony made a prima facie case of injury from negligence and the burden was on the company to show that the lookout statute was complied with. The company was clearly liable. 107 Ark. 441. The case 113 Ark. 353 is not in point. The physical facts make out a prima facie case. It was error to direct a verdict. The case should have been submitted to the jury. 1. The court properly directed a verdict. Deceased was a trespasser, and the burden was on plaintiff to show that the employees discovered his perilous position in time to…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the administratrix, for the benefit of the estate and next of kin of the decedent, to recover damages on account of his death, which is alleged to have been caused by the negligence of the servants of the defendants in operating a train. It is alleged in the complaint that Tom Porter, plaintiff’s intestate, “was walking upon the tracks of the defendant railway company about one mile west of the town of Heber, Cleburne County, and that while thus engaged the defendant company through its agents, servants and employees negligently and carelessly and without…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. SpillersSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. ZerrSupreme Court of Arkansas · 1913
3Cited by7 opinions
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Missouri Pac. R.R. Co., Thompson, Tr. v. PennySupreme Court of Arkansas · 1940
- Missouri Pacific Railroad v. Campbell, Adm'rSupreme Court of Arkansas · 1940
- Missouri Pac. R.R., Thompson, Trust. v. McAlisterSupreme Court of Arkansas · 1943
- Hill v. MaxwellSupreme Court of Arkansas · 1969
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