Choctaw, Oklahoma & Gulf Railroad v. Baskins
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Edward W. Winfield, Judge; 1. It was error to refuse defendant’s request for a peremptory instruction. A traveler upon the highway is bound to exercise ordinary care and diligence at the intersection of a railway to ascertain whether a train is approaching, in order to avoid collision with it.
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Appeal from Perry Circuit Court; Edward W. Winfield, Judge; 1. It was error to refuse defendant’s request for a peremptory instruction. A traveler upon the highway is bound to exercise ordinary care and diligence at the intersection of a railway to ascertain whether a train is approaching, in order to avoid collision with it. If he fails to do what an ordinarily prudent person would do under the circumstances, he is guilty of negligence. 54 Ark. 431; 56 Ark. 457. Under the facts in this case it was not necessary for appellant to prove affirmatively that appellee failed to look and listen,…
1Opinion of the CourtMcCuuuoch, J.
This was an action brought by E. P. Baskins, as administrator of the estate of Owington Baskins, deceased, against the Choctaw, Oklahoma & Gulf Railroad Compaify to recover damages for alleged negligent killing of deceased. He was run over and killed by a train of cars operated by appellant at Casa, Ark., and damages for the benefit of the widow and next of kin of deceased in the sum of $2,000 were asked.
Appellant pleaded contributory negligence on the part of deceased, and it is contended now that the court erred in refusing to give a peremptory instruction to the jury to return a verdict in…
2Cases cited11 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Allison v. StateSupreme Court of Arkansas · 1905
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- Monforton v. Northern Pacific Railway CompanyMontana Supreme Court · 1960
13 more not listed; retrieve them via the Exa API.