Missouri Pac. R. Co. v. Crew

• Decision Date: 10 July 1933
• Docket Number: No. 4-3069.,4-3069.
• Citation: 62 S.W.2d 25
• Parties: MISSOURI PAC. R. CO. v. CREW.
• Court: Arkansas Supreme Court

62 S.W.2d 25

MISSOURI PAC. R. CO. v. CREW.

No. 4-3069.

Supreme Court of Arkansas.

July 10, 1933.

Appeal from Circuit Court, Chicot County; Patrick Henry, Judge.

Action by Mrs. Raymond Crew, as administratrix of the estate of Raymond Crew, deceased, and as guardian of minor children and dependents of deceased, against the Missouri Pacific Railroad Company. Judgment for plaintiff, and defendant appeals.

Affirmed.

This suit was instituted by Mrs. Raymond Crew in her own right, as administratrix of the estate of Raymond Crew, deceased, and as guardian of certain minors, children and dependents of Raymond Crew, to compensate an injury which resulted in the death of Raymond Crew on or about November 14, 1931, at Macon Lake, a flag station on appellant's line of railroad in Chicot county. The pertinent facts and circumstances with reference to the injury and death of Raymond Crew, deceased, were to the following effect:

Some time prior to the injury, Raymond Crew had been in the employ of the Missouri Pacific Railroad Company and at the time of his death he had on his person a pass which had been issued by the railroad company; due to the depression he had been let out of employment with the railroad company and at the time of the injury was employed in the state of Mississippi; on the date of the fatal injury he left Mississippi returning ostensibly to McGehee, Ark., where his family resided; he was traveling in an automobile which had broken down on the road some distance from Macon Lake and he walked into the small village of Macon Lake where he was observed by witnesses about 8 o'clock p. m. on November 14, 1931, waiting around the depot. Appellant's line of railroad at this point extends in a north and south direction and is straight for several miles north and south of the depot. On the morning of November 15th, about 7 o'clock, the dead body of Raymond Crew was discovered lying some 20 feet north of the depot building; his head was lying within about 6 feet of the railroad track and ties, his feet extending in a southeasterly direction from the railroad track. Upon examination of the body it was found that deceased's skull had been crushed in the left temple; a number of ribs were broken on the right side and his neck was broken; the blood vessels of his body had been so ruptured as to prohibit a first class application of embalming. Other evidences were found on the body indicating that he had received a terrific blow; his hat was found in the middle of the railroad track; the surface of the ground for several feet immediately south of the body indicated some disturbance; the grass and weeds which were growing immediately adjacent to the railroad company's track and between the track and the body of the deceased, were shown to have been pressed down away from the track and towards the body of the deceased, thus indicating that deceased had been struck by a moving engine going from south to north and the body pushed away from the track.

The case was defended by appellant upon the theories of no liability and of contributory negligence. The engineer and fireman on the train which passed Macon Lake about 9 o'clock p. m. testified that the train was running about 35 or 40 miles an hour when it approached and passed Macon Lake; that they were each keeping constant lookout; and that neither saw any one endeavoring to flag the train. This train reached McGehee about 11 o'clock p. m. November 14, 1931, where it was determined that the right pilot step on the engine was bent.

Certain work sheets were introduced in evidence by appellee which tended to show that the headlight on the engine operated on the night of the injury was in bad condition...