St. Louis Southwestern Railway Co. v. Everett
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Thos. C. Trimble, Judge; , STATEMENT BY THE COURT. The appellees instituted separate actions against the appellant alleging substantially in their respective complaints that on the ■ 31st day of August, 1914, they were in a wagon and drove up to the crossing where appellant’s track crossed Cypress street in the town of Brinkley and undertook' to stop the team of mules after discovering appellant’s engine at a distance of about 60 yards south…
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Appeal from Monroe Circuit Court; Thos. C. Trimble, Judge; , STATEMENT BY THE COURT. The appellees instituted separate actions against the appellant alleging substantially in their respective complaints that on the ■ 31st day of August, 1914, they were in a wagon and drove up to the crossing where appellant’s track crossed Cypress street in the town of Brinkley and undertook' to stop the team of mules after discovering appellant’s engine at a distance of about 60 yards south of the crossing; that the mules became frightened and unmanageable and ran across the track in front of the engine;…
1Opinion of the CourtWood, J.
(after stating the facts.) Counsel for appellant contend that there was no evidence to support. the verdict and that the instruction given by the court was erroneous for the reason that the lookout statute has no application. They say that while it is true that the employees of appellant discovered the appellees approaching the house track, yet the undisputed evidence shows that these employees did not discover that the mules were frightened and beyond the control of the appellees until it was too late for the employees, using all the means at their command, to stop the engine; that, although…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Central Railway Co. v. LindleySupreme Court of Arkansas · 1912
- St. Louis & San Francisco Railroad v. ChampionSupreme Court of Arkansas · 1913
- St. Louis Southwestern Railway Co. v. WilsonSupreme Court of Arkansas · 1915
3Cited by2 opinions
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- Morrilton Ice & Fuel Co. v. MontgomerySupreme Court of Arkansas · 1930