St. Louis, Iron Mountain & Southern Railway Co. v. Hitt
Supreme Court of Arkansas
Appeal from Clark Circuit Court. JoER D. Conway, Judge. STATEMENT BY THE COURT. These facts are deducible from the evidence most favorable to sustain the verdict: On Sunday night, in January, 1902, the Hitts drove from their home, near the central part of Nevada County, into Prescott, a town of more than 3,000 inhabitants. They were in a covered wagon, and arrived at the crossing at Elm street after dark.
Read the full summary
Appeal from Clark Circuit Court. JoER D. Conway, Judge. STATEMENT BY THE COURT. These facts are deducible from the evidence most favorable to sustain the verdict: On Sunday night, in January, 1902, the Hitts drove from their home, near the central part of Nevada County, into Prescott, a town of more than 3,000 inhabitants. They were in a covered wagon, and arrived at the crossing at Elm street after dark. The covering extended two feet over them, and on either side, leaving only the view in front unobstructed. This crossing was in the center of the town. It was a cold, windy day, and had been…
1Opinion of the Court
Hire, C. J.,
(after stating the facts.) 1. The negligence of the company in failing to give the signals, required by law was abundantly established, and the conflict in the evidence on this point has been settled by the jury. The next question, and the one most earnestly presented here, is that‘the evidence showed that Hitt was guilty of contributory negligence in driving on the track under the circumstances set out in the statement. Mr. Justice Brewer, speaking for the Supreme Court of the United States, said: “It is well settled that, where there is uncertainty as to the existence of either…
2Cases cited8 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Collins v. MackSupreme Court of Arkansas · 1877
- Arkansas Midland Railway Co. v. GriffithSupreme Court of Arkansas · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Lowe v. HartSupreme Court of Arkansas · 1910
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
16 more not listed; retrieve them via the Exa API.