Chicago, Rock Island & Pacific Railway Co. v. Hamilton
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Bvans, Judge; As a general rule, it is negligence as a matter of law for one approaching a railroad crossing to fail to look and listen for the approach of trains. 78 Ark. 59. And if one approaching a'railroad -crossing fails to look and listen and he is. injured, when by the exercise of due care and caution he could have discovered and avoided the injury, no recovery can be had. 65 Ark. 238; 54 Ark. 431; 56 Ark. 439; 62 Ark. 158;…
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Appeal from Garland Circuit Court; W. H. Bvans, Judge; As a general rule, it is negligence as a matter of law for one approaching a railroad crossing to fail to look and listen for the approach of trains. 78 Ark. 59. And if one approaching a'railroad -crossing fails to look and listen and he is. injured, when by the exercise of due care and caution he could have discovered and avoided the injury, no recovery can be had. 65 Ark. 238; 54 Ark. 431; 56 Ark. 439; 62 Ark. 158; Elliott on Railroads, 1166; 95 U. S. 161; 12 R. R. Q. B. Div. 70; 149 Mass. 127; 113 N. Y. 667; 42 N. J. R. 180• 61 Md.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by plaintiff, A1 Hamilton, against the Chicago, Rock Island & Pacific Railway Company to recover damages for personal injuries. He was awarded damages in the sum of $950, and the defendant appealed to this court.
The injury occurred near the railway station in the city of Hot Springs. The main track runs east and west along Benton street. There is also a side track, and a spur track running off from the side track to a brewery depot nearby. These tracks cross Cottage Street, which runs north and south and intersects Benton Street at right angles. The precise…
2Cases cited5 opinions
- Saint Louis, Iron Mountain & Southern Railway Co. v. CleereSupreme Court of Arkansas · 1905
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
- Evans v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1891
- Merrigan v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Missouri Pacific Railroad Co. v. ElvinsSupreme Court of Arkansas · 1928
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Missouri Pacific Railroad v. HavensSupreme Court of Arkansas · 1924
- Gentry County Drainage District v. Farmers & Mechanics BankMissouri Court of Appeals · 1928
- Missouri Pacific Railroad v. HeitmanSupreme Court of Arkansas · 1955
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