Legal Opinion

Railway Co. v. Lewis

Supreme Court of Arkansas

Decided April 13, 1895PublishedCited by 10 opinions

Appeal from Greene Circuit Court. James E¡. Riddick, Judge. Action by Lewis against the St. Louis, Iron Mountain & Southern Railway Company to recover for personal injuries caused by the negligence of defendant’s trainmen. The facts are stated in the opinion. 1. The law of this case is well settled, both upon principle and authority.

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Appeal from Greene Circuit Court. James E¡. Riddick, Judge. Action by Lewis against the St. Louis, Iron Mountain & Southern Railway Company to recover for personal injuries caused by the negligence of defendant’s trainmen. The facts are stated in the opinion. 1. The law of this case is well settled, both upon principle and authority. In the case of approaching a crossing, it is a violation of legal duty for the engineer of a train not to be vigilant in anticipation of a traveler at the crossing. The statute emphasizes this duty, under severe pains and penalties. But neither the common law,…

1Opinion of the Court

Bourland, Special Judge.

This was a suit for personal injuries alleged to have been occasioned by the negligence of appellant’s employees in charge of a running train. There was a verdict and judgment for $3000 in favor of Lewis, and the appellant seeks a reversal here on the following specifications of error made in its motion for a new trial: (1.) That the verdict is contrary to the law and evidence. (2.) That the court erred in giving to the jury instructions numbered 2, 3, 6, 7, 8 and 9, respectively. (3.) That the court erred in refusing prayers of appellant numbered 2, 3, 4, 5, 6 and 8,…

2Cases cited6 opinions

  1. Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
  2. Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
  3. Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
  4. Petersburg R. R. v. HiteSupreme Court of Virginia · 1886
  5. Hahn v. Southern Pacific RailroadCalifornia Supreme Court · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bush v. BrewerSupreme Court of Arkansas · 1918
  2. Coca-Cola Bottling Co. of Blytheville v. DoudSupreme Court of Arkansas · 1934
  3. Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
  4. Inabnett v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
  5. St. Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1910

5 more not listed; retrieve them via the Exa API.

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