Legal Opinion

Railway Co. v. Tippett

Supreme Court of Arkansas

Decided July 1, 1892PublishedCited by 9 opinions

• Appeal’ from 'Craighead Circuit. Court, Jonesboro^ District. '. • • This suit against- the St. Douis, Iron Mountain & Southern Railway Company was instituted by the administratrix of James Tippett, for the benefit of his widow and next of kin. • The complaint alleged that, on thé 25th day of February, 1889, while James Tippett was going from his house on the west, side of defendant’s track to-his place of business on the east side of said track, he was run over and killed…

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• Appeal’ from 'Craighead Circuit. Court, Jonesboro^ District. '. • • This suit against- the St. Douis, Iron Mountain & Southern Railway Company was instituted by the administratrix of James Tippett, for the benefit of his widow and next of kin. • The complaint alleged that, on thé 25th day of February, 1889, while James Tippett was going from his house on the west, side of defendant’s track to-his place of business on the east side of said track, he was run over and killed by a locomotive and train of cars.belonging to defendant, at a public crossing, just north of the depot in the town of…

1Opinion of the CourtMansEieed, J.

Where the view of a railway track is obstructed, and the danger of a road-crossing is thus increased, a greater degree of care is required of a traveler than it would be his duty to exercise at a crossing not specially dangerous. Patterson on Railway Accident Law, sec. 177. And, without regard to any special danger at a crossing, this court has held that ‘ ‘ a traveler upon the highway is bound to exercise ordinary care and diligence at the intersection of a railway, to ascertain whether a train is approaching, in order to avoid a collision with it.” Railway Co. v. Cullen, 54 Ark. 431. In the…

2Cases cited1 opinion

  1. Railway Co. v. CullenSupreme Court of Arkansas · 1891

3Cited by9 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
  2. Lossing v. ShullSupreme Court of Missouri · 1943
  3. Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
  4. Mo. Pac. Rd. Co., Baldwin, Trustees v. BrewerSupreme Court of Arkansas · 1937
  5. Gillenwaters Building Company v. LipscombSupreme Court of Missouri · 1972

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