Chicago, Rock Island & Pacific Railway Co. v. Gunn
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; John D. DeBois, Special Judge; STATEMENT BY THE COURT. Appellee instituted tliis action against appellant to recover damages for tlie death, of his intestate, which, it was alleged was caused by the negligence of appellant. The facts are substantially as follows: An inspector of appellant lived at Brinkley, Ark., and used a speeder on the tracks of appellant in the discharge of his duties.
Read the full summary
Appeal from Monroe Circuit Court; John D. DeBois, Special Judge; STATEMENT BY THE COURT. Appellee instituted tliis action against appellant to recover damages for tlie death, of his intestate, which, it was alleged was caused by the negligence of appellant. The facts are substantially as follows: An inspector of appellant lived at Brinkley, Ark., and used a speeder on the tracks of appellant in the discharge of his duties. He was not permitted to use the speeder after dark, nor was he allowed to employ any one as a substitute. He did, however, employ Charles L. Hodges to perform his duties…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Chicago, R. I. & P. Ry. Co. v. Bryant, 110 Ark. 444, recently decided by this court and also reported in 162 S. W. 52, the court said:
“Prior to the passage of the new lookout statute quoted above, there was, of course, no liability on the part of a railroad company to trespassers or those guilty of contributory negligence, except on account of negligence in'' failing to avoid an injury after discovering the perilous situation of the injured party. But the law as it now stands requires the train operatives to keep a lookout for trespassers and…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. BryantSupreme Court of Arkansas · 1913
3Cited by12 opinions
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- Davis v. ScottSupreme Court of Arkansas · 1921
- Thorpe v. ZwonechekNebraska Supreme Court · 1964
- St. Louis-San Francisco Railway Co. v. CrickSupreme Court of Arkansas · 1930
7 more not listed; retrieve them via the Exa API.