St. Louis, Iron Mountain & Southern Railway Co. v. Humbert
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The deceased was a trespasser and entitled to none of the rights of a traveller on the highway or at a crossing.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The deceased was a trespasser and entitled to none of the rights of a traveller on the highway or at a crossing. Testimony which related solely to the rights of a traveller on a highway and at a crossing, or rights he might have if a licensee on the tracks, and which had no bearing upon the issue of discovered peril, was misleading to the jury and prejudicial to appellant. 39 Ark. 24, 25, 27, 28; 83 Ark. 300, 301, 302; 95 Ark. 190, 192, 193, 194; 63 Ark. 65; 69 Ark. 380; 94 Ark. 524 ; 90 Ark. 278,285 It is not sufficient to show that…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff’s intestate, M. W. Duke, was ran over and killed by a switch engine near the north end of the railroad bridge across the Arkansas River at Little Rock about 11 o’clock on the night of January 18, 1908, while he was lying on the track between the rails. He was apparently unconscious of his perilous position, and was either asleep or intoxicated, or both. Witnesses who were with him a short time before the occurrence, and parted from him at a boarding house a short distance away, testify that he was intoxicated, and this testimony is not contradicted. He was next seen when discovered…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- Railway v. ShoecraftSupreme Court of Arkansas · 1890
- Kansas City Southern Railway Co. v. LewisSupreme Court of Arkansas · 1906
- Jones v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
3Cited by6 opinions
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- State ex rel. Bujac v. District Court of Second Judicial District for Bernalillo CountyNew Mexico Supreme Court · 1922
- St. Louis, Iron Mountain & Southern Railway Co. v. BelcherSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. SpillersSupreme Court of Arkansas · 1915
- Petherbridge v. Princess Anne CountySupreme Court of Virginia · 1923
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