Little Rock & Hot Springs Western Railroad v. McQueeney
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Alexander M. Duffie, Judge; 1. A railway company owes a trespasser on its tracks no duty save to refrain from doing him wanton injury after his presence is known. 45 Ark. 246. 2. The first instruction given by the court was erroneous and misleading. The “lookout statute” does not apply to a case of this character.
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Appeal from Garland Circuit Court; Alexander M. Duffie, Judge; 1. A railway company owes a trespasser on its tracks no duty save to refrain from doing him wanton injury after his presence is known. 45 Ark. 246. 2. The first instruction given by the court was erroneous and misleading. The “lookout statute” does not apply to a case of this character. Defendant was not required to keep a lookout for persons and property off the track nor adjacent to the cars. 57 Ark. 464. If plaintiff was a licensee, the defendant owed him the duty only to use ordinary care to prevent-injury. 57 Ark. 136; 26…
1Opinion of the CourtBattle, J.
James McQueeney, in his lifetime, brought this action against the Little Rock & Hot Springs Western Railroad Company, to recover damages suffered from personal injuries occasioned by the negligence of the defendant, alleging in his complaint that on the 3d day of September, 1902, at Hot Springs in this State, while the plaintiff was engaged in unloading a freight car on defendant’s railroad, the servants, agents and employees of the defendant wrongfully, negligently, maliciously and willfully ran a freight car against the wagon upon which he was standing with such force as to throw him to the…
2Cited by15 opinions
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- Arkansas Midland Railroad v. RamboSupreme Court of Arkansas · 1909
- Jones v. BrownSupreme Court of Arkansas · 1947
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