Catlett v. Railway Co.
Supreme Court of Arkansas
Appeal from Cross Circuit Court. James E. Riddick, Judge. Alsey Catlett, a boy eleven years of ag'e, by his father as next friend, sued the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for injuries sustained by falling from a moving freight train. The accident happened near the town of Wynne. There is a heavy grade on defendant’s road, beginning at or near the town of Wynne, and extending east about one mile.
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Appeal from Cross Circuit Court. James E. Riddick, Judge. Alsey Catlett, a boy eleven years of ag'e, by his father as next friend, sued the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for injuries sustained by falling from a moving freight train. The accident happened near the town of Wynne. There is a heavy grade on defendant’s road, beginning at or near the town of Wynne, and extending east about one mile. Freight trains ascending this grade are unable to move except at such a slow rate of speed that persons could take hold and climb on. An ordinance of the town…
1Opinion of the Court
i. Duty of railway to trespasser,
Cockrill, C, J.
A railway company is not bound 1 to keep a lookout to prevent boys from swinging on the ladders of its moving freight trains ; and its failure to do so is not negligence. Bishop v. Union R. Co. 14 R. I. 314; C. B. & Q. Ry. v. Stumps, 69 Ill. 409; St. Louis, etc. R. Co. v. Ledbetter, 45 Ark. 246; Hestonville Ry. v. Connell, 88 Pa. St. 520.
If boys have stolen rides in that way at a given point without remonstrance from the company’s trainmen, that fact does not amount to an invitation to do so on another occasion. The boy who attempts it is a…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Chicago & Northwestern Ry. Co. v. SmithMichigan Supreme Court · 1881
- Chicago, Burlington & Quincy R. R. v. StumpsIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Ryan v. TowarMichigan Supreme Court · 1901
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
- Hall v. BledsoeSupreme Court of Arkansas · 1916
72 more not listed; retrieve them via the Exa API.