St. Louis Southwestern Railway Co. v. Wilson
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; G. W. Smith, Judge; 1. This case is not affected .by the “lookout” statute,” but falls under the rule governing 'liability in cases of discovered peril. Deceased was an admitted trespasser and guilty of gross negligence. The only question is, did the engineer exercise ordinary care to avoid the accident after he .discovered the peril of deceased.
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Appeal from Calhoun Circuit Court; G. W. Smith, Judge; 1. This case is not affected .by the “lookout” statute,” but falls under the rule governing 'liability in cases of discovered peril. Deceased was an admitted trespasser and guilty of gross negligence. The only question is, did the engineer exercise ordinary care to avoid the accident after he .discovered the peril of deceased. There can be no recovery in the absence of reckless or wilful conduct of the company or its agents. 46 Ark. 513; 47 Id. 497; 50 Id. 483; 49 Id. 257; 93 Id. 579; -83 Id. 300; 90 Id. 278; 97 Id. 560; 91 Id. 14. The…
1Opinion of the CourtHast, J.
Appellant prosecutes this appeal to reverse a judgment against it in flavor of appellee for damages for the .alleged negligent killing of her hnsb'and by one of its passenger trains. The facts proved by appel-lee are substantially as follows:
Appellee, Mrs. Lillian Wilson, is the widow of W. S. Wilson, who was killed near Texarkana, in Miller County, Arkansas, on February 28, 1914, by one of appellant’s passenger trains. Wilson was 'an old locomotive engineer and had been in the employ of appellant as such until about two years before he was 'killed. • His sense of hearing was almost entirely…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
- Memphis, Dallas & Gulf Railroad v. BuckleySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. ScottSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Coca-Cola Bottling Co. of Southwest Ark. v. CarterSupreme Court of Arkansas · 1941
- St. Louis Southwestern Railway Co. v. EverettSupreme Court of Arkansas · 1916