St. Louis Southwestern Railway Co. v. Mitchell
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellee sued to recover damages to compensate ' an injury sustained by him and at the trial testified that on the 3d day of January, 1914, while proceeding with due care to drive his team across the appellant’s road on a public highway the employees of appellant in charge of a motor car negligently ran into appellee’s wagon in which he was riding, threw him out of it and…
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Appeal from Prairie Circuit Court, Southern District; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellee sued to recover damages to compensate ' an injury sustained by him and at the trial testified that on the 3d day of January, 1914, while proceeding with due care to drive his team across the appellant’s road on a public highway the employees of appellant in charge of a motor car negligently ran into appellee’s wagon in which he was riding, threw him out of it and seriously injured him. Appellant admitted that its handcar struck the appellee’s wagon, but alleged that the collision was…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1-2) Instruction numbered 2, given by the court, was evidently framed under the impression that section 6607 of Kirby’s Digest applied to handcars. But such is not the case. That section makes it the duty of all persons running trains in this State to keep a constant lookout for persons and property upon the track of any railroad, and further provides that the railroad company shall be liable for any damage done to any person or property by reason of the failure to keep this lookout, and imposes upon the railroad company the burden of showing that this…
2Cases cited3 opinions
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- Whipple v. BakerSupreme Court of Arkansas · 1908
- Grimmett v. OusleySupreme Court of Arkansas · 1906
3Cited by16 opinions
- Kelley v. WigginsSupreme Court of Arkansas · 1987
- Barbarich v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1932
- Hanks v. ChristensenUtah Supreme Court · 1960
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- Martin v. State Ex Rel. Saline CountySupreme Court of Arkansas · 1926
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