Taylor v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jachson, Judge; 1. No signals were given as required by § 6595, Kirby’s Digest. Failure to perform a statutory duty is negligence per se. Whittaker’s Smith on Negligence, 44. Negligence was the proximate cause of the injury. 4 A. & E. Enc. Law 925(b)-927(c). 2. No proper lookout was kept as the law provides.
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Appeal from St. Francis Circuit Court; J. M. Jachson, Judge; 1. No signals were given as required by § 6595, Kirby’s Digest. Failure to perform a statutory duty is negligence per se. Whittaker’s Smith on Negligence, 44. Negligence was the proximate cause of the injury. 4 A. & E. Enc. Law 925(b)-927(c). 2. No proper lookout was kept as the law provides. Kirby’s Dig., § 6595; 68 Ark. 32; 78 Id. 251; 64 Id. 236. 3. It was manifest error to direct a verdict. 66 Ark. 363. There was no testimony to make a case of prima facie liability (107 Ark. 431; 106 Id. 399), and hence a verdict was properly…
1Opinion of the CourtHart, J.
Geo. P. Taylor sued the St. Louis, Iron Mountain & Southern Railway Company to recover damages for the alleged negligent killing of his dog by one of defendant’s passenger trains. The facts were as follows:
On July 31, 1913, one of defendant’s north-bound passenger trains struck the dog of the plaintiff and killed it while the dog was on the railroad crossing in the town of Forrest City. The train did not slow down before or after striking the dog. The crossing was ninety steps north of the depot. The track curved there and the dog came on the track at the crossing about fifteen or twenty feet…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897
- St. Louis Southwestern Railway Co. v. StanfieldSupreme Court of Arkansas · 1897
- El Dorado & Bastrop Railway Co. v. KnoxSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. PhilpotSupreme Court of Arkansas · 1903
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3Cited by2 opinions
- Mo. Pac. R.R. v. HarelsonSupreme Court of Arkansas · 1964
- Nelson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923