St. Louis & San Francisco Railroad v. Dyer
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. There was no duty incumbent upon the railway company to prepare a safe crossing for a traction engine.
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Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. There was no duty incumbent upon the railway company to prepare a safe crossing for a traction engine. The crossing was safe for ordinary vehicles, and the company is only required to provide against such things as ordinarily exist or may reasonably be expected to occur. 61 Ark. 141, 149; 16 L. R. A. 228; 112 Pa. 185; 80 Hun, (N. Y.) 409; 40 N. E. 141; 68 Me. 152; 4 Atl. 164. 2. Having full knowledge of the condition and electing to fix it, if he saw fit to use it, the plaintiff assumed the risk. 49 Am. Rep. 580; 60 Id. 367; 19 N.…
1Opinion of the CourtMoCueroch, J.
Appellee owned a traction engine, and attempted to propel it across appellant’s railroad track at a public road crossing, when it was overturned and injured. He sues the company to recover damages, and alleges negligence on the part of the company in failing to properly construct the crossing and keep it in repair. He recovered $200 damages, and 'the company appealed.
When appellee’s employees in charge of the engine got to the railroad crossing, they found that the planks which are usually placed next to rails at the crossings to enable vehicles to pass over the rails were missing, thus…
2Cases cited6 opinions
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Hamilton-Brown Shoe Co. v. Choctaw Mercantile Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. AvenSupreme Court of Arkansas · 1895
- St. Louis Southwestern Railway Co. v. JohnsonCourt of Appeals of Texas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bailey v. StateSupreme Court of Arkansas · 1909
- Missouri Pac. R.R., Thompson, Trustee v. WrightSupreme Court of Arkansas · 1939
- McGrew v. ThompsonSupreme Court of Missouri · 1945
- Missouri Pacific Railroad Co. v. HareSupreme Court of Arkansas · 1937
- Ohio Handle & Manufacturing Co. v. JonesSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.