St. L., I. M. & S. Ry. v. Wilkerson
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. Hon. E. T. Vaughan, Circuit Judge. Erom the facts of this case it will be seen that the entire defense was based upon an utter absence of negligence on the part of defendant’s servants, and upon the contributory negligence of the deceased, J. C. Lee. The acts of the deceased were not simply carelessness, but they amounted to recklessness and an utter indifference to his own personal safety, which, in any sane person, was inexcusable.
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APPEAL from Lonoke Circuit Court. Hon. E. T. Vaughan, Circuit Judge. Erom the facts of this case it will be seen that the entire defense was based upon an utter absence of negligence on the part of defendant’s servants, and upon the contributory negligence of the deceased, J. C. Lee. The acts of the deceased were not simply carelessness, but they amounted to recklessness and an utter indifference to his own personal safety, which, in any sane person, was inexcusable. Not only was the deceased a.trespasser upon defendant’s track, but he was hard of hearing, and at the time of the accident…
1Opinion of the CourtBattle, J.
On the 17th day of May, 1883, J. O. Lee was killed by a train of appellant. His daughter and sole heir, Mary "Wilkerson, brought this action for damages, which she claims she suffered by reason of his death.
There was some evidence, introduced on the trial, tending to show that J. G. Lee was, on or about the 17th day of May, 1883, walking on the track of the defendant, the St. Louis, Iron Mountain & Southern Railway Company, south of Little Rock; that while there a train of defendant ran, approaching him in the same direction he was walking, at the rate of fifteen miles an hour; that he was…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- Robertson v. BergenIndiana Supreme Court · 1858
- Toledo, Peoria & Warsaw Railway Co. v. RileyIllinois Supreme Court · 1868
3Cited by17 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Little Rock Ry. & Electric Co. v. BillingsCourt of Appeals for the Eighth Circuit · 1909
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
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