Chicago, Rock Island & Pacific Railway Co. v. Jones
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robt. J. Lea, Judge; STATEMENT BY THE COURT. Tbis was a suit instituted by the appellee .as administrator of the estate of T. W. Edmondson, deceased, against the appellants to recover damages for the benefit of the widow and next of kin for the alleged negligent killing of Edmondson.
Read the full summary
Appeal from Perry Circuit Court; Robt. J. Lea, Judge; STATEMENT BY THE COURT. Tbis was a suit instituted by the appellee .as administrator of the estate of T. W. Edmondson, deceased, against the appellants to recover damages for the benefit of the widow and next of kin for the alleged negligent killing of Edmondson. The complaint alleged that Edmondson was walking on the track of appellant along a pathway which was a regular and customary pathway for pedestrians; that appellant’s train was in charge of Michael Mann, as engineer, who suddenly and violently ran the train upon Edmondson,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The testimony of appellant’s engineer and fireman show that they were keeping a lookout and that they saw Edmondson on the track but that he left the track and then again stepped upon it so suddenly that they did not have time, after doing all in their power to stop the train, to prevent the same from killing Edmondson. But the testimony on the part of appellee warranted the jury in finding that Edmondson did not leave the track from the time the whistle first blew for the station until he was struck by the train; that he was walking upon the track, with…
2Cases cited5 opinions
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1913
- Memphis, Dallas & Gulf Railroad v. BuckleySupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. NewmanSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. ScottSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Missouri Pacific Railroad Co. v. EdwardsSupreme Court of Arkansas · 1928
- St. Louis-San Francisco Railway Co. v. RobinsonSupreme Court of Arkansas · 1938