Central Railway Co. v. Lindley
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham,- Judge; STATEMENT BY THE COURT. P. C. Lindley sued the Central Railway Company of Arkansas in the circuit court, for. $750, alleging that on the 15th of October, 1911, the defendant’s servants engaged in running a motor car and train from Ola to Plainview, so negligently ran and operated the car and train as to cause two mares to be killed and one to be injured. The answer denied negligence.
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham,- Judge; STATEMENT BY THE COURT. P. C. Lindley sued the Central Railway Company of Arkansas in the circuit court, for. $750, alleging that on the 15th of October, 1911, the defendant’s servants engaged in running a motor car and train from Ola to Plainview, so negligently ran and operated the car and train as to cause two mares to be killed and one to be injured. The answer denied negligence. The facts are substantially as follows: The railway company operated a motor car from Plain-view to Ola for the purpose of carrying…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for the defendant say this action is based on the lookout statute, making it the duty of all persons running trains in this State to keep a constant lookout for persons and property on the track, and contends that a motor car is not a train within the meaning of the statute. In the case of Little Rock & Fort Smith Ry. Co. v. Blewitt, 65 Ark. 235, the court held that an engine is a train within the meaning of the statute. See also Railway Co. v. Taylor, 57 Ark. 136. The motor car in question was run by the defendant company for the purpose of…
2Cases cited3 opinions
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- Railway Co. v. TaylorSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. RhodenSupreme Court of Arkansas · 1909
3Cited by13 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Kelly v. DeQueen & Eastern RailroadSupreme Court of Arkansas · 1927
- St. Louis-San Francisco Railway Co. v. CrickSupreme Court of Arkansas · 1930
- Chicago, Rock Island & Pacific Railway Co. v. BryantSupreme Court of Arkansas · 1913
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