Garrison v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This was an action instituted by the plaintiff below, Phil Garrison, by his next friend, against the St. Louis, Iron Mountain & Southern Railway Company for the recovery of damages on account of personal injuries sustained by being struck by a train of defendant while attempting to drive a wagon across its tracks at a public crossing in the city of Prescott, Arkansas.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This was an action instituted by the plaintiff below, Phil Garrison, by his next friend, against the St. Louis, Iron Mountain & Southern Railway Company for the recovery of damages on account of personal injuries sustained by being struck by a train of defendant while attempting to drive a wagon across its tracks at a public crossing in the city of Prescott, Arkansas. In his complaint he alleged that while he was thus attempting to cross the track at the public crossing “the train came gliding along noiselessly…
1Opinion of the Court
Frauenthal, J.,
(after stating the facts.) The plaintiff was injured while attempting to cross the railroad track of the defendant at a public crossing. The care and diligence that is required of the ordinary traveler upon the highway at the intersection of .a railway is well settled in this State. It has been repeatedly held by this court that it is negligence for one who approaches a railroad crossing to fail to look and listen for the approach of trains, and only in exceptional cases is it proper to submit to the jury the question as to whether the failure to exercise such care is…
2Cases cited12 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
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3Cited by17 opinions
- Early-Foster Co. v. Mid-Tex Oil MillsCourt of Appeals of Texas · 1918
- Harrelson v. WhiteheadSupreme Court of Arkansas · 1963
- Gates v. PlummerSupreme Court of Arkansas · 1927
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
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