Chicago, Rock Island & Pacific Railway Co. v. Elzen
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Scott Wood, Judge; 1. Plaintiff was guilty of negligence, which precludes his recovery. 110 Ark. 106; 102 Id. 160; 101 Id. '321; 62 Id. 156; 61 Id. 559; 84 Id. 270; 76 Id. 10; 54 Id. 435; 125 Id. 509. See also 107 Id. 220. This rule is not abrogated by the “lookout” statute of 1911. 125 Ark. 509; Tyler v. By. Go., ms., Oct. 29, 1917; 84 Ark. 270. I. Negligence of the train crew was a question for the jury.
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Appeal from Saline Circuit Court; Scott Wood, Judge; 1. Plaintiff was guilty of negligence, which precludes his recovery. 110 Ark. 106; 102 Id. 160; 101 Id. '321; 62 Id. 156; 61 Id. 559; 84 Id. 270; 76 Id. 10; 54 Id. 435; 125 Id. 509. See also 107 Id. 220. This rule is not abrogated by the “lookout” statute of 1911. 125 Ark. 509; Tyler v. By. Go., ms., Oct. 29, 1917; 84 Ark. 270. I. Negligence of the train crew was a question for the jury. Negligence was proven. 64 Ark. 239. Appellee was not a trespasser; he was a traveler on a public street and had a right to be there, and it was the duty of…
1Opinion of the Court
HUMPHREYS,. J.
Appellee brought suit against appellants in the Saline Circuit Court to recover damages for an injury received by him at Washington avenue crossing, on the 21st day of December, 1915, in El Dorado, Arkansas, from appellant’s moving train, through the alleged negligence of their servants.
Appellants severally denied negligence on their part, and, by way of further defense, pleaded contributory negligence on the part of appellee.
The cause was submitted to the jury on the pleadings, evidence and instructions of the court. A verdict was returned in favor of appellee for $1,500 and a…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- Inabnett v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- St. Louis & San Francisco Railroad v. ChampionSupreme Court of Arkansas · 1913
- Tyler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1917
3Cited by6 opinions
- Davis v. ScottSupreme Court of Arkansas · 1921
- Missouri Pacific Railroad Co. v. RogersSupreme Court of Arkansas · 1931
- St. Louis Southwestern Railway Co. v. TaylorSupreme Court of Arkansas · 1975
- Tinsley v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1934
- St. Louis-San Francisco Railway Co. v. RobinsonSupreme Court of Arkansas · 1938
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