Legal Opinion

Bush v. Brewer

Supreme Court of Arkansas

Decided November 4, 1918PublishedCited by 20 opinions

Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. This case should be reversed and dismissed for the contributory negligence of appellee.

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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. This case should be reversed and dismissed for the contributory negligence of appellee. They failed to stop or look and listen and were guilty of culpable negligence. ■ 78 Ark. 355; 117 Id. 464; 96 Id. 643. 2. Brewer was guilty of negligence and both guilty of contributory negligence, barring recovery. 33 Cyc. 1017; 24 N. E. 1092; 121 N. Y. Sup. 652; 107 Id. 1068; 106 Id. 522. 3. Plaintiff had no right to rely upon the signal from the electric gong. 154 Pac. 1023; 93 N. Y. App. Div. 496; 7 Pennew. (Del.), 140. 4. There was error…

1Opinion of the CourtHumphreys, J.

Appellees instituted separate suits .against appellants in the Jefferson Circuit Court to recover damages occasioned to the person and automobile of T. L. Guest, and to the person of W. P. Brewer, in a ■collision between Guest’s automobile and a passenger, train of appellants at the crossing near Pine Bluff of appellants’ track with the Dollarway Pike leading from Pine Bluff to Little Rock. It was alleged in the complaint that the injury resulted from the negligent operation of appellants’ train by their employees (1) in running at an unusual, excessive speed up to. a. much traveled public…

2Cases cited12 opinions

  1. Little Rock Gas & Fuel Co. v. CoppedgeSupreme Court of Arkansas · 1915
  2. Railway Co. v. MurraySupreme Court of Arkansas · 1891
  3. St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
  4. Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
  5. Evans v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1891

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3Cited by20 opinions

  1. Coca Cola Bottling Co. v. ShippSupreme Court of Arkansas · 1927
  2. St. Louis Southwestern Railway Company v. JacksonSupreme Court of Arkansas · 1967
  3. Missouri Pacific Railroad Co. v. ElvinsSupreme Court of Arkansas · 1928
  4. Murray v. JacksonSupreme Court of Arkansas · 1930
  5. Missouri Pacific Railroad Co. v. RileySupreme Court of Arkansas · 1932

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