Hines v. Betts
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; B. H. Dudley, Judge; STATEMENT OE EAOTS. Mrs. Tommy Betts for berself, and as next friend of her minor children, sued Walker D. Hines, as Director General of Railroads, to recover damages for the alleged negligent killing of her husband, who was run over and killed by a passenger train of the railroad company.
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Appeal from Greene Circuit Court, First Division; B. H. Dudley, Judge; STATEMENT OE EAOTS. Mrs. Tommy Betts for berself, and as next friend of her minor children, sued Walker D. Hines, as Director General of Railroads, to recover damages for the alleged negligent killing of her husband, who was run over and killed by a passenger train of the railroad company. The material facts are as follows: Andy M. Betts was struck and killed by a passenger train of the St. Louis & San Francisco Railroad Company as he was walking across Main Street in the 'city of Blytheville, Ark., about 5:45 o’clock in…
1Opinion of the CourtHart, J.
(after stating the facts). It is first insisted by counsel for the defendant that the evidence is not sufficient to support the verdict. In support of their contention, they insist that the court should have held a:s a matter of law that Andy Betts, who was killed, was guilty of contributory negligence in attempting to cross the railroad track at the time the train struck and killed him.
This court has expressly declared that the rule that the failure of a person, when about to cross a railroad track at a public crossing, to stop, look and listen for approaching trains constitutes contributory…
2Cases cited6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
- Hines v. JohnsonSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. RoddySupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. ScottSupreme Court of Arkansas · 1921
- Acco Transportation Co. v. SmithSupreme Court of Arkansas · 1944
- Missouri Pacific Transportation Co. v. JonesSupreme Court of Arkansas · 1938
- Thompson v. ThompsonCourt of Appeals of Tennessee · 1941
- Missouri Pacific Transportation Company v. TalleySupreme Court of Arkansas · 1940
1 more not listed; retrieve them via the Exa API.