St. Louis, Iron Mountain & Southern Railway Co. v. Dooley
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. Public highways are defined by the statute, and it makes no distinction between wagon roads and foot roads. Sand. & H. Dig., §§ 674.3, 6744, 6745. A person using a private way does so as a mere licensee, and the railway company is not responsible for injuries sustained. Elliott, Railroads, §§ 1148-1151; 83 Wis. 547; 57 Wis. 600; 42 111. App. 93.; 100 Ind. 223; 33 Mo. App. 85; 7 Fed. 78; 2 Sh. & Redf.
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Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. Public highways are defined by the statute, and it makes no distinction between wagon roads and foot roads. Sand. & H. Dig., §§ 674.3, 6744, 6745. A person using a private way does so as a mere licensee, and the railway company is not responsible for injuries sustained. Elliott, Railroads, §§ 1148-1151; 83 Wis. 547; 57 Wis. 600; 42 111. App. 93.; 100 Ind. 223; 33 Mo. App. 85; 7 Fed. 78; 2 Sh. & Redf. Neg. § 705. For such way the owner is not liable for repairs, because same leads to public highway. 115 N. Y. 55;-145 N. Y. 301. One…
1Opinion of the CourtBunn, C. J.
This is a suit by appellee against the appellant, for damages growing out of personal injuries alleged to have been inflicted upon the appellee by the carelessness and negligence of the appellant, by its failure to keep in repair a pair of steps leading-over its right of way fence into an adjoining lot of private ownership, in the eastern suburb of the city of Arlradelphia, Clark county, Arkansas, by reason of which the same broke down with appellee when she attempted to cross over, and greatly injured her. Trial before a jury in the Ouachita circuit court, verdict in favor of plaintiff for…
2Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
- City of Seattle v. Great Northern Ry. Co.District Court, W.D. Washington · 1913