Curtis v. St. Louis & San Francisco Railroad
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Giving the evidence of the plaintiff the consideration most favorable to him, there was a question of fact as to whether he was guilty of such negligence as to preclude a recovery, which should have gone to the jury. 89 Ark. 222; 76 Ark. 138; 57 S. E. 764; 39 S. E. 569- Plaintiff’s attempt to cross the track between the cars to which an engine was attached, or, if not attached, was likely to be at any moment, was…
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Giving the evidence of the plaintiff the consideration most favorable to him, there was a question of fact as to whether he was guilty of such negligence as to preclude a recovery, which should have gone to the jury. 89 Ark. 222; 76 Ark. 138; 57 S. E. 764; 39 S. E. 569- Plaintiff’s attempt to cross the track between the cars to which an engine was attached, or, if not attached, was likely to be at any moment, was contributory negligence as a matter of law, and precluded a recovery. 2 White on Pers. Inj. § 1028; 105 S- W. 385; 104 S.…
1Opinion of the CourtFrauknthau, J.
This was an action instituted by R. F. Curtis, the plaintiff below, to recover damages for a personal injury which he alleged he sustained by reason of the negligent act of the defendant. The injury was received by plaintiff while he was attempting to pass between freight, cars that were attachéd together in a train which was standing upon a public crossing in the city of Hope. The lower court directed the jury to return a verdict in favor of the defendant, which was done; and from the judgment rendered by the court in pursuance of that ruling the plaintiff has appealed. In determining…
2Cases cited10 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Lake Shore & Michigan Southern Railway Co. v. PinchinIndiana Supreme Court · 1887
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- Corcoran v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Andrews v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
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3Cited by11 opinions
- John Munson Morris Margaret Morris v. Union Pacific RailroadCourt of Appeals for the Eighth Circuit · 2004
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1915
- Weatherford, M. W. & N. W. Ry. Co. v. ThomasCourt of Appeals of Texas · 1915
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
6 more not listed; retrieve them via the Exa API.