St. Louis, Iron Mountain & Southern Railway Co. v. Taylor
Supreme Court of Arkansas
Appeal from White Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. Between 8 and 9 o’clock a. m., on the 17th day of August, 1894, appellee, who was 62 years of age, while attempting to cross the tracks of appellant at Bald Knob, was run over by one of its freight cars and badly injured. Appellee -says he turned aside from the public road crossing, his regular route home, because same was blocked, and remained blocked for half an hour.
Read the full summary
Appeal from White Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. Between 8 and 9 o’clock a. m., on the 17th day of August, 1894, appellee, who was 62 years of age, while attempting to cross the tracks of appellant at Bald Knob, was run over by one of its freight cars and badly injured. Appellee -says he turned aside from the public road crossing, his regular route home, because same was blocked, and remained blocked for half an hour. The blocking of the public crossing often occurred, and they were in the habit of not cutting the cars at all unless made to do it. After he saw…
1Opinion of the Court
Wood , J.,
(after stating the facts.) 1. Appellant requested several instructions properly defining contributory negligence, and its effect upon appellee’s right to recover. It sought, in substance, to have the jury charged that if appellee failed to exercise that care which the law requires of one before going upon or crossing over a railway track where there are moving trains, and this negligence' contributed directly and proximately to his injury, he could not recover, unless appellant had knowledge of appellee’s perilous position in time to have avoided injuring him by the use of ordinary…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. DingmanSupreme Court of Arkansas · 1896
- Martin v. Little Rock & Fort Smith Railway Co.Supreme Court of Arkansas · 1896
- Railway Co. v. RossSupreme Court of Arkansas · 1892
3Cited by11 opinions
- Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Thrasher v. St. Louis & S. F. R. Co.Supreme Court of Oklahoma · 1921
6 more not listed; retrieve them via the Exa API.