Kansas City Southern Railway Co. v. Ingram
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. The court erred in its first instruction. The Arkansas lookout statute was never extended over the Indian Territory; hence at the time of the accident there was no duty incumbent upon the engineer to keep a lookout for stock on the track of the railroad. 49 Ark. 257, and cases cited.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. The court erred in its first instruction. The Arkansas lookout statute was never extended over the Indian Territory; hence at the time of the accident there was no duty incumbent upon the engineer to keep a lookout for stock on the track of the railroad. 49 Ark. 257, and cases cited. Neither would it be the engineer’s duty to use ordinary care to discover stock on the track 2. The demurrer to the jurisdiction, and also defendant’s request fo'r a peremptory instruction, should have been sustained. Ry the laws of this State an…
1Opinion of the CourtHill, C. J.
Appellee had a filly, a mare and a mule killed by appellant company’s train in the Indian Territory, and brought suit against appellant for the value thereof at Ft. Smith, Ark., where appellant is also found operating a railway.
1. The court gave this instruction: “It was the duty of defendant’s engineer to keep a lookout for stock upon its track, and to use'ordinary care to avoid injury to stock after they had been discovered by him, or after he might have discovered them by the use of ordinary care and diligence.”
Parts of the law of Arkansas, as found in Mansfield’s Digest (1884) thereof,…
2Cases cited9 opinions
- St. Louis & San Francisco Railway Co. v. BrownSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- Eureka Springs Ry. v. TimmonsSupreme Court of Arkansas · 1888
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3Cited by4 opinions
- Yockey v. St. Louis-San Francisco Railway Co.Supreme Court of Arkansas · 1931
- American Railway Express Co. v. H. Rouw Co.Supreme Court of Arkansas · 1927
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921
- Chicago, Rock Island & Pacific Railway Co. v. StilesSupreme Court of Arkansas · 1923