Texas & St. Louis Railway v. Orr
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. First — The allegations of the complaint show that deceased was not in the exercise of due care and caution, and was guilty of such gross negligence as to contribute to his injury, and preclude a recovery.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. First — The allegations of the complaint show that deceased was not in the exercise of due care and caution, and was guilty of such gross negligence as to contribute to his injury, and preclude a recovery. There are no allegations that the point where the trestle was located was any part of a street or public highway, or was used by the public under a lease from the company, or that deceased had no knowledge of the structure. These are necessary allegations. 80 2nd., 168; 45 Md., 193. The gravamen of the complaint seems to…
1Opinion of the Court
S. W. Williams, Sp. J.
About 8 o’clock in the morning of the 4th day of January, 1883, appellee’s intestate, James Galloway, arrived at Texarkana, from some point in Texas, as a passenger on one of the appellant’s regular passenger trains, over its line of road. The weather was cool and damp, and the night was dark, and it had been raining. At the line in Texarkana, between the states of Arkansas and Texas, this train of appellant’s stopped, as all its passenger trains were required to do, by a statute of' Texas, thirty minutes. At this point, after a few moments delay, the engine, baggage and…
2Cases cited17 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1900
7 more not listed; retrieve them via the Exa API.