Fort Smith Light & Traction Co. v. Hendrickson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Geo. W. Dodd, Special Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover damages whieli lie alleges were sustained by one of appellant’s street cars negligently colliding with a fire wagon in which he was riding. The material facts are as follows: Appellee, Leo Hendrickson, was a fireman employed by the city of Fort Smith and appellant was a corporation operating a street car line in that city.
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Appeal from Sebastian Circuit Court, Fort Smith District; Geo. W. Dodd, Special Judge; STATEMENT BY THE COURT. Appellee sued appellant to recover damages whieli lie alleges were sustained by one of appellant’s street cars negligently colliding with a fire wagon in which he was riding. The material facts are as follows: Appellee, Leo Hendrickson, was a fireman employed by the city of Fort Smith and appellant was a corporation operating a street car line in that city. On the afternoon of August 11, 1915, appellee was iiijured by one of appellant’s street cars colliding with a fire wagon in…
1Opinion of the CourtHakt, J.
(after stating the facts). It is insisted by counsel for appellant that the court erred in giving instructions numbered 7 and 8 at the request of appellee. The instructions read as follows:
“7. If the evidence shows that defendant’s motorman did not hear the approach of the fire wagon upon which plaintiff was riding, in time to stop his car, before the wagon was struck, if it was struck, yet if the jury believes from the evidence that he could in the exercise of ordinary care have heard the approach of said fire wagon in time to stop his car before the collision and that his failure to hear…
2Cases cited4 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- Ward v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Riddell v. LittleSupreme Court of Arkansas · 1972
- Buckley v. R. H. Johnson & Co.Superior Court of Delaware · 1942
- Moore v. StateSupreme Court of Arkansas · 1972
- Miller v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1918