Todd v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Desba Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This was a suit by appellant against appellee for damages on account of personal injuries alleged to have been sustained by reason of the carelessness and negligence of appellee’s agents in running appellee's passenger train No. 137 “up to and near the depot at the station of McGehee, in Desha County, Arkansas, in the night time, without ringing any bell to give a warning of its approach.”
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Appeal from Desba Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This was a suit by appellant against appellee for damages on account of personal injuries alleged to have been sustained by reason of the carelessness and negligence of appellee’s agents in running appellee's passenger train No. 137 “up to and near the depot at the station of McGehee, in Desha County, Arkansas, in the night time, without ringing any bell to give a warning of its approach.” And, further, that appellee was negligent “in that there was on the engine during the striking no person, on the lookout for…
1Opinion of the Court
Wood, J.,
(after stating the facts). Viewing the evidence in the most favorable light for the appellant, the most that can be said of it is that it warranted a finding that he was a licensee on appellee’s right-of-way on the path that he was traveling when he attempted to cross at the time he received the injury of which he complains. As such licensee, the only affirmative duty the appellee owed him was to keep the lookout required by Act No. 284 of the Acts of 1911, page 275. The railway company did not owe him the duty to give the statutory signals required for the protection of travelers at…
2Cases cited8 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. GarnerSupreme Court of Arkansas · 1909
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3Cited by4 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Davis v. ScottSupreme Court of Arkansas · 1921
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- Missouri Pacific Railroad Co. v. ManionSupreme Court of Arkansas · 1938