St. Louis, Iron Mountain & Southern Railway Co. v. Evans
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; George M. Chapline, Judge; 1. The plaintiff must be held to have seen and heard that which was plainly .to be seen and heard. 4 Elliott on Railroads, § i7°3 i 38 S. W. 311; 65 U. S. 697; 62 Ark. 158; 65 Ark. 238. 2. Where the complaint only charges negligence in failing to ring the bell or sound the whistle, it is error to instruct the jury that from the happening of the injury the law presumes that the defendant was negligent in causing…
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Appeal from Faulkner Circuit Court; George M. Chapline, Judge; 1. The plaintiff must be held to have seen and heard that which was plainly .to be seen and heard. 4 Elliott on Railroads, § i7°3 i 38 S. W. 311; 65 U. S. 697; 62 Ark. 158; 65 Ark. 238. 2. Where the complaint only charges negligence in failing to ring the bell or sound the whistle, it is error to instruct the jury that from the happening of the injury the law presumes that the defendant was negligent in causing the injury, and that a prima facie case of .responsibility against defendant was made out. Plaintiff could only recover…
1Opinion of the CourtHill, C. J.
This action is for personal injuries received by a traveler on a public road crossing a railroad track. The court has had numerous cases of the kind recently. The Hitt cases—St. Louis, I. M. & S. Ry. Co. v. Luther Hitt, 76 Ark. 224, and St. Louis, I. M. & S. Ry. Co. v. Robert Hitt, 76 Ark. 227—St. Louis, I. M. & S. Ry. Co. v. Dillard, 78 Ark. 520, and St. Louis & S. F. Ry. Co. v. Wyatt, 79 Ark. 241, have called for discussion of the rules governing the respective conduct of the traveler and the operatives of the train at public crossings. This case is free of the difficulties presented in…
2Cases cited5 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DillardSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. WyattSupreme Court of Arkansas · 1906
3Cited by9 opinions
- Daniel v. QuickCourt of Appeals of Arkansas · 1980
- Hiatt v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1925
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. DrewSupreme Court of Arkansas · 1912
- Siloam Springs v. BroylesSupreme Court of Arkansas · 1908
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