St. Louis, I. M. & S. Ry. Co. v. Colum

• Decision Date: 28 November 1903
• Citation: 77 S.W. 596
• Parties: ST. LOUIS, I. M. & S. RY. CO. v. COLUM (two cases).
• Court: Arkansas Supreme Court

77 S.W. 596

ST. LOUIS, I. M. & S. RY. CO. v. COLUM (two cases).

Supreme Court of Arkansas.

November 28, 1903.

Appeal from Circuit Court, Conway County; Geo. M. Chapline, Judge.

Separate actions by Robert Colum and William Colum, by next friend, against the St Louis, Iron Mountain & Southern Railway Company. From a judgment for plaintiff in each action, defendant appeals. Judgment in the action of Robert Colum reversed, and final judgment rendered against him, and judgment in the other action affirmed.

Dodge & Johnson, for appellant. C. C. Reid and J. H. Carmichael, for appellees.

BATTLE, J.

Robert Colum brought two actions against the St. Louis, Iron Mountain & Southern Railway Company — one for himself, and the other, as next friend, for William Colum, a minor, who is his son. Both actions were based upon injuries that were caused by a car of the defendant running against and over William Colum. One was on account of the loss of services of the son, during minority, sustained by the father; and the other was for damages to William Colum that were caused by the injuries. By consent of parties, these actions were consolidated, and determined upon the same testimony.

Plaintiffs in both actions alleged in their complaints that William Colum was on the 22d day of December, 1898, about eight years old, and the son of the plaintiff, Robert Colum; that on that day the defendant negligently, without warning or notice, pushed its car against and upon William, and thereby injured him to such an extent and in such manner as to cause the amputation of his left arm and permanently cripple him. The defendant answered both complaints, and denied every allegation of negligence, and alleged that the father and son were guilty of contributory negligence. In the trial of the issues joined, the jury impaneled for that purpose returned a verdict in favor of the father for $1,000, and in favor of the son for $2,500, for which judgments were rendered, and the defendant appealed.

The following are substantially the facts in the case: On the 22d day of December, 1898, Robert Colum drove to the defendant's railroad station at Menifee, in this state, and carried with him his son William, who was at that time about eight years old. While there, a train of defendant arrived, and its locomotive was used in switching cars from one track to another. The father drove away, leaving the son at the station. In a short time thereafter the engine shoved a car against and upon...