St. Louis Southwestern Railway Co. v. Murphy
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Third' Division. G. W. Hendricks, Judge; 1. The court erred in refusing to submit to the jury the duty of a traveler at a public railroad crossing or the question of his negligence in that regard.
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Appeal from Pulaski Circuit Court; Third' Division. G. W. Hendricks, Judge; 1. The court erred in refusing to submit to the jury the duty of a traveler at a public railroad crossing or the question of his negligence in that regard. The amendatory act to the lookout statute, Acts 1911, p. 275, does not relieve a traveler from the duty to stop, look and listen for the approach of a train at a railroad crossing. 112 Ark. 542, 460; 117 Ark. 457, 463, 464; 78 Ark. 355; 118 Ark. 36,, 41. 2. The judgment is clearly excessive. The court’s instructions follow the law as recognized by this Court in…
1Opinion of the CourtSmith, J.
Appellee recovered judgment for damages to compensate an injury sustained by him as & result of a collision between one. of appellant’s switch engines and his wagon in which he was driving at the time. The collision occurred at a crossing near the city of Argenta and as a result of it, in addition to his own injury, one of appellee’s mules was killed and the other was injured and his wagon demolished. There was a judgment at the trial below in appellee’s favor for $1,150.00, and appellant now says that, not only should no recovery whatever have been permitted, but that the recovery was for an…
2Cited by2 opinions
- Blytheville, Leachville & Arkansas Southern Railway Co. v. GessellSupreme Court of Arkansas · 1923
- Arkansas Central Railroad v. MorganSupreme Court of Arkansas · 1917