St. Louis, Iron Mountain & Southern Railway Co v. Watson
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Up to the point when deceased was struck, this case is a typical one of contributory negligence.
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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Up to the point when deceased was struck, this case is a typical one of contributory negligence. One who of his own choice attempts to cross a railroad track ahead of a train which he knows is near and approaching, and is injured in .the attempt is guilty of such contributory negligence as will bar a recovery. 54 Ark. 431. 2. There is no warrant, either by statute or common law, for an action by two out of ten heirs at law for their own benefit, founded on loss of support .and training during minority, occasioned by the death of the…
1Opinion of the Court
McCulloch, C: J.
This is an action instituted by the children of William Watson, deceased, as heirs at law of said decedent, to recover damages resulting from the killing of said decedent by one of defendant’s passenger trains at Bergman, Ark., on June 27, 1907. The plaintiffs alleged in their complaint that Watson was a widower at the time of his death; that he died intestate, leaving them as his only heirs at law, and that there has been no administration on his estate.
Watson intended to board a passenger train at Bergman, and as it came to the station 'he attempted to cross the track in…
2Cases cited7 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- McBride v. BermanSupreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- Hadley v. BryanSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- Scottish Union National Insurance Co. v. WilsonSupreme Court of Arkansas · 1931
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1913
- Reynolds v. NuttSupreme Court of Arkansas · 1950
- Bond v. Mo. Pac. R. Co.Supreme Court of Arkansas · 1961
3 more not listed; retrieve them via the Exa API.