St. Louis & San Francisco Railroad v. Carr
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jephtha H. Evans, Judge; STATEMENT BY THE COURT. This was an action to recover damages for a personal injury which the plaintiff alleged he sustained at a public crossing over defendant’s railroad track in the city of Fort Smith, Ark.
Read the full summary
Appeal from Crawford Circuit Court; Jephtha H. Evans, Judge; STATEMENT BY THE COURT. This was an action to recover damages for a personal injury which the plaintiff alleged he sustained at a public crossing over defendant’s railroad track in the city of Fort Smith, Ark. The plaintiff testified that about ten o’clock on the night of January 22, 1909, he was traveling on foot along a public wagon road or street which ran across the defendant’s railroad track in said city; that when he got to within about thirty feet of the track he noticed a freight train going north along the crossing and…
1Opinion of the Court
Fraurnthar, J.,
(after stating the facts). It is urged by counsel that the defendant had the right to use its track at the crossing, and that it only owed the duty to plaintiff not to injure him after having discovered his position of peril. But the rule relative to the liability of a railroad company for an injury done after a discovered peril is not applicable to the facts of this case, as adduced on the part of the plaintiff. For, according to the evidence of the plaintiff, he was a traveller in a public highway at the crossing of the defendant’s track, and in such case he was not a…
2Cases cited6 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
- Southwestern Telegraph & Telephone Co. v. BeattySupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. BriggsSupreme Court of Arkansas · 1908
- Hot Springs Railroad v. NewmanSupreme Court of Arkansas · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- St. Louis Southwestern Railway Co. v. ClemonsSupreme Court of Arkansas · 1967
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- Wharton v. BraySupreme Court of Arkansas · 1971
- Arkansas Power & Light Co. v. HubbardSupreme Court of Arkansas · 1930
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
17 more not listed; retrieve them via the Exa API.