Chicago, Rock Island & Pacific Railway Co. v. Jones

• Decision Date: 19 November 1928
• Docket Number: 266
• Citation: 10 S.W.2d 863,178 Ark. 385
• Parties: CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. JONES
• Court: Arkansas Supreme Court

10 S.W.2d 863

178 Ark. 385

CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. JONES

No. 266

Supreme Court of Arkansas

November 19, 1928

Appeal from Woodruff Circuit Court, Central District; W. D Davenport, Judge; affirmed.

Judgment ordered.

Thos S. Buzbee, Geo. B. Pugh and H. T Harrison, for appellant.

Elmo CarlLee, for appellee.

OPINION

KIRBY, J.

This appeal is prosecuted from a judgment for damages caused by the alleged negligent killing of appellee's intestate by striking her with one of its engines, in the operation of its train.

The complaint alleged that on the 17th day of June, 1924, Beulah Campbell was run over and killed by defendant's passenger train going south, at about 2:45 in the afternoon, while she was walking on the railroad track, at a point about one-eighth of a mile south from Tupelo Station; that her death was the result of the negligence of the defendant's servants engaged in the operation of the train, in failing to keep a proper lookout and give warning of the approach of the train, and in failing to stop the train after discovering the presence of plaintiff's intestate upon the track; that, on account of the defendant's negligence causing the injury, his intestate suffered great pain of body and anguish of mind, for which he was entitled to recover damages for the benefit of her estate.

The answer denied all the material allegations of the complaint as to negligence and damage resulting, and pleaded the contributory negligence of decedent.

The jury returned a verdict in favor of the administrator in the sum of $ 2,000.

It appears from the testimony that Mrs. Beulah Campbell was killed by defendant's passenger train while she was walking north along the railroad track in the direction of Tupelo. Shortly after the train left the station, the engineer saw her on the track approximately a half mile away, and, as the train proceeded, the whistle was blown, and the engineer said she stepped off the track into the clear, and remained standing there until the train reached a point about 90 feet from where she was standing, when she stepped back upon the track. The engineer immediately reversed the engine, applied the brakes, and did everything possible to stop the train. He said she walked on toward the engine, and, when it was 15 or 20 feet from her, looked up, saw it, and turned and started the other way. The engine struck her, knocked her down, and passed over her nearly one-half its length. The train was stopped about one-half an engine's length from where she was struck. She was lying under the fire-box of the engine. The fireman jumped off, signaled the engineer, and he backed the train a few feet, got out of the cab, and went to where she was lying on the track, and said she was dead at that time. He stated that she was killed instantly.

Two of the four boys riding in an auto along the road, which was parallel to the right-of-way and about 40 to 60 feet from it and who were going in the same direction as the train, saw the accident. One said the car was opposite the engine, and the other that the engine was about 60 yards ahead of them. They both stated they saw the woman when they reached a point near the Cotton Belt skidway, one of them estimating the distance from her to the engine at about 60 yards and the other at about 200 yards. Both stated that she did not step off the track after they saw...