Ft. Smith Light & Traction Co. v. Barnes
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. Appellee alleged -that, while she was attempting to cross Garrison Avenue in the city of Fort Smith, she was struck, knocked down and run over by one of appellant’s cars and greatly injured, to her damage in the sum of $10,000, for which amount she asked judgment.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; STATEMENT BY THE COURT. Appellee alleged -that, while she was attempting to cross Garrison Avenue in the city of Fort Smith, she was struck, knocked down and run over by one of appellant’s cars and greatly injured, to her damage in the sum of $10,000, for which amount she asked judgment. She alleged that the negligence of appellant, by which she was injured, consisted (1), in operating the car at an unlawful speed of 25 miles per hour; (2) in'failing to sound the gong; (3) in the failure of the motorman to stop the car after he was…
1Dissent
Hill, C. J.,
(dissenting.) I was absent the week this case was decided, and did not-have the benefit of the consultation, and have had to go into it on the motion for rehearing for the first time.
There were several charges of negligence against the appellant company and counter charges of contributory negligence against appellee, the plaintiff below. These issues were sent to the jury, and also the question of proper care of the motorman to avoid the injury after discovering Mrs. Barnes’s peril. The latter issue, predicated upon Mrs. Barnes’s negligence and evidence of due care and want of due…
2Cases cited12 opinions
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
- Klein v. German National BankSupreme Court of Arkansas · 1901
- Burke v. SnellSupreme Court of Arkansas · 1883
- L. R. & F. S. Railway v. TownsendSupreme Court of Arkansas · 1883
- Sadler v. SadlerSupreme Court of Arkansas · 1856
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