Choctaw & Memphis Railway Co. v. Vosburg
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. William L. Moose, Judge. The railway company discharged its duty as to the character and construction of cattle guards, and was entitled to the peremptory instruction asked. 58 Mich. 500. The primary duty of railroad companies is to their passengers, and the requirement that they construct “safe and suitable” stock guards must be taken to mean such guards as are consistent with the safety and proper accommodation of the…
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Appeal from Yell Circuit Court, Dardanelle District. William L. Moose, Judge. The railway company discharged its duty as to the character and construction of cattle guards, and was entitled to the peremptory instruction asked. 58 Mich. 500. The primary duty of railroad companies is to their passengers, and the requirement that they construct “safe and suitable” stock guards must be taken to mean such guards as are consistent with the safety and proper accommodation of the traveling public, rather than impassable guards. 94 Ind. 45; s. c. 19 A. & E. R. R. Cas. 568; Thornton, R. R. Fence &…
1Opinion of the CourtBattle, J.
On the 12th day of January, 1900, the appellees filed in the Yell circuit court, Danville district, their complaint, which is in words and figures as follows:
“The plaintiffs, G-. S. Yosburg and T. W. Briggs, complain of the Choctaw & Memphis Railroad Company, for that the said Choctaw & Memphis Railroad Company, in placing and maintaining a stock gap at the entrance of their line of railroad into the enclosed field, situated on the northeast quarter of section twenty-five, township five north, range twenty-three west, in said district, and other adjoining lands, then in possession of and…
2Cases cited4 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- McCormack v. Terre Haute & Richmond RailroadIndiana Supreme Court · 1857
- Hinsdale v. LarnedMassachusetts Supreme Judicial Court · 1819
- St. L., I. M. & S. Ry. v. WalbrinkSupreme Court of Arkansas · 1886
3Cited by4 opinions
- St. Louis, Memphis & Southeastern Railway Co. v. BusickSupreme Court of Arkansas · 1905
- Kansas City Southern Railway Co. v. GreerSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. FitzhughSupreme Court of Arkansas · 1907
- Hester v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1920