Little Rock & Fort Smith Ry. Co. v. Cavenesse
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Judge. First — On the general proposition as to the burden of proving contributory negligence there is a conflict in the authorities, and this court has recently held that it -would follow the cases which hold that the burden is on the defendant.
Read the full summary
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Judge. First — On the general proposition as to the burden of proving contributory negligence there is a conflict in the authorities, and this court has recently held that it -would follow the cases which hold that the burden is on the defendant. But in a case like this, where the negligence of the plaintiff, or his intestate, is necessarily developed in prosecuting his case, we do not understand that the rule adopted by this court has ever been applied in any case. In It. It. Co. v. Whitaers, 35 Oh., St. 627, the court held that the…
1Opinion of the CourtBattle, J.
On the 2d day of November, 1883, in the town of Argenta, in this state, Jonathan H. Cavenesse was killed by the locomotive and cars of the Little Rock and Fort Smith.Railway company. His adminstratrix brought this action against the railroad company to recover the damages suffered by reason of his death.
A terminus of the defendant’s railroad is in Argenta. Its passenger platform, waiting-rooms and ticket office at this place are on the west side of. its track, and its baggage platform is immediately opposite and on the east side. The passenger platform is spacious, twenty feet wide, and is on…
2Cases cited9 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Jeffersonville Railroad v. Hendricks' AdministratorIndiana Supreme Court · 1866
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
- Coble v. . CobleSupreme Court of North Carolina · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Adams v. StateSupreme Court of Arkansas · 1928
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911
24 more not listed; retrieve them via the Exa API.