Billingsley v. St. Louis-San Francisco Railway Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; STATEMENT OP PACTS. On the 10th day of April, 1917, Lewis Billingsley, while attempting to drive his wagon and team across the tracks of the St. Louis-San Francisco Railway Company at a public crossing in Hardy, Arkansas, was struck by an eastbound passenger train belonging to said railway and was killed.
Read the full summary
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; STATEMENT OP PACTS. On the 10th day of April, 1917, Lewis Billingsley, while attempting to drive his wagon and team across the tracks of the St. Louis-San Francisco Railway Company at a public crossing in Hardy, Arkansas, was struck by an eastbound passenger train belonging to said railway and was killed. This is a suit by his widow and minor child to recover damages for his death which is alleged to have been caused by the negligence of the defendant. The railroad company answered, denying negligence on its part…
1Opinion of the Court
Hart,. J.,
(after stating the facts). It is the contention of counsel for the plaintiff that the court erred in directing a verdict for the defendant. The court was of the opinion that, when the testimony was considered in the light most favorable to the plaintiff, it showed as a matter of law that Billingsley was guilty of contributory negligence. While the question is a very close one, under the facts and circumstances adduced in evidence, we think the court erred in not submitting that question to the jury. The evidence for the plaintiff shows that he was a drayman in the town of Hardy and…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. StacksSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Cook v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923
- St. Louis & San Francisco Railway Co. v. AdamsSupreme Court of Arkansas · 1920
- Hines v. GunnellsSupreme Court of Arkansas · 1920