St. Louis, Iron Mountain & Southern Railway Co. v. Dillard
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; t: Under the proof in this case, the physical facts and surroundings of the plaintiff contradict and annul his claim. He was guilty of negligence which contributed to his injury. 4 Elliott on Railroads, § 1703; 38 S. W. 311; 63 S. W. 362; 30 Am. & Eng. Rd. Cas.
Read the full summary
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; t: Under the proof in this case, the physical facts and surroundings of the plaintiff contradict and annul his claim. He was guilty of negligence which contributed to his injury. 4 Elliott on Railroads, § 1703; 38 S. W. 311; 63 S. W. 362; 30 Am. & Eng. Rd. Cas. (N. S.), 94; 23 Ib. 373; 67 N. W. 1120; 75 N. W. 169; 65 N. W. 852; 77 N. W. 179; Ib. 729; 74 N. W. 360; 70 N. W. 687; 78 N. W. 585; Ib. 1084; 80 N. W. 644; 82 N. W. 295. It is settled that a person about to cross a railroad track must look and listen for…
1Opinion of the CourtMcCulloch, J.
Appellee, David G. Dillard, sues to recover damages caused by being run over and injured by appellant’s train while he was crossing the railroad track in the town of Coal Hill, in Johnson County.
The only question in the case is whether or not he was guilty of contributory negligence in crossing the track in front of an approaching train without observing the necessary precaution of looking and listening for trains. The case was tried upon the testimony of the plaintiff alone as to the details of the injury- — no other witness testified as to the occurrence.
The circumstances, as detailed by…
2Cited by15 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.