St. Louis, Iron Mountain & Southern Railway Co. v. Pyles
Supreme Court of Arkansas
Appeal from White■ Circuit Court; J. M. Jackson, Judge; 1. Appellee was a bare licensee. There is nothing to indicate an invitation to an employee to use the path. The use was merely permissive, and those who used the path, took the privilege with its concomitant peril. 103 Ark. 226; 83 Id. 300; 33 Cyc. 758; 112 Ga. 668; 122 la. 360; 66 Oh. St. 509; 90 Am.
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Appeal from White■ Circuit Court; J. M. Jackson, Judge; 1. Appellee was a bare licensee. There is nothing to indicate an invitation to an employee to use the path. The use was merely permissive, and those who used the path, took the privilege with its concomitant peril. 103 Ark. 226; 83 Id. 300; 33 Cyc. 758; 112 Ga. 668; 122 la. 360; 66 Oh. St. 509; 90 Am. St. 602; 3 Elliott on Bail-roads, § § 1251-1303; 4 Id., § 1579. 2. A railway company is under no duty to repair its tracks or keep its yards in any particular condition for trespassers and licensees; they assume the risk. 2 Thompson on…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff was struck, knocked down and seriously injured by one of the defendant’s freight trains in the railroad yards at Gurdon, and he instituted this action to recover damages on account of such' injuries.
He was going down a pathway between the main track and a sidetrack for the purpose of boarding a train, when he stumbled over a pile of coal, about two feet high, in the pathway, and fell under the slowly moving freight train on the main track, and one of his legs was cut off just below the knee, and the other foot was cut through just about the instep. This occurred about midnight.…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
3Cited by9 opinions
- Garrett v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1951
- Lively v. Libbey Memorial Physical Medicine Center, Inc.Supreme Court of Arkansas · 1992
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- Reed v. Hendrix'sCourt of Appeals of Kentucky · 1918
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