Ft. Smith Light & Traction Co. v. Barnes
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. Appellee alleged -that, while she was attempting to cross Garrison Avenue in the city of Fort Smith, she was struck, knocked down and run over by one of appellant’s cars and greatly injured, to her damage in the sum of $10,000, for which amount she asked judgment.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. Appellee alleged -that, while she was attempting to cross Garrison Avenue in the city of Fort Smith, she was struck, knocked down and run over by one of appellant’s cars and greatly injured, to her damage in the sum of $10,000, for which amount she asked judgment. She alleged that the negligence of appellant, by which she was injured, consisted (1), in operating the car at an unlawful speed of 25 miles per hour; (2) in'failing to sound the gong; (3) in the failure of the motorman to stop the car after he was…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The uncontradi.cted proof by appellee and her witnesses shows that she was guilty of contributory negligence. She “deliberately” walked upon the track of a street railway after she had looked and knew that a car was coming. Fler only excuse was that, after she looked and saw the car, she “thought she would have plenty of time to cross,” and kept listening for the gong, but did not hear it until the car was upon' her. A more palpable case of contributory negligence it would be difficult to imagine. It was shown that her hearing was bad. This made it…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HillSupreme Court of Arkansas · 1905
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- Pettus v. KerrSupreme Court of Arkansas · 1908
- Pine Bluff, Sheridan & Southern Railway Co. v. LeatherwoodSupreme Court of Arkansas · 1915