St. Louis Southwestern Railway Co. v. Kendall
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. This is an action for damages for personal injury to appellee suffered in a collision between the passenger train of the St. Louis, Iron Mountain & Southern Railway Company, on which appellee was conductor, and a local freight train of the St. Louis Southwestern Railway Company at the crossing of the tracks near Clarendon.
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Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. This is an action for damages for personal injury to appellee suffered in a collision between the passenger train of the St. Louis, Iron Mountain & Southern Railway Company, on which appellee was conductor, and a local freight train of the St. Louis Southwestern Railway Company at the crossing of the tracks near Clarendon. The tracks of this railway company, hereafter called the Cotton Belt, and the Iron Mountain cross each other nearly at right angles, and on the morning of the accident the train on which…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) Neither of the appellants complain of the instructions given the jury-on the part of the appellee, both insist that the verdict is excessive, and each contends that but for the negligence of the other, the accident would not have occurred, and that any negligence on its part was not the proximate cause of the injury. There is no doubt but that those in charge of the.Cotton Belt train, by keeping a lookout, could and would have seen the Iron Mountain train approaching the crossing in time to have -avoided the injury by stopping the train if they had…
2Cases cited4 opinions
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Strange v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. ShawSupreme Court of Arkansas · 1910
3Cited by15 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Weinstein v. Islamic Republic of IranDistrict Court, District of Columbia · 2002
- DENCO BUS LINES, INC. v. HargisSupreme Court of Oklahoma · 1951
- Cronin v. Islamic Republic of IranDistrict Court, District of Columbia · 2002
- Golenternek v. KurthSupreme Court of Arkansas · 1948
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