St. Louis, Iron Mountain & Southern Railway Co. v. Kimbrell
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. In support of the proposition that the evidence does not sustain the verdict, counsel say that the^re is no question under the testimony but that the engineer complied with the statute, and fully discharged his duty with respect to ringing the bell and sounding.the whis.tle (Kirby’s Dig., § 6595); but that appellee, while he claims that he kept the lookout required for his own safety, and listened for approaching…
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Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. In support of the proposition that the evidence does not sustain the verdict, counsel say that the^re is no question under the testimony but that the engineer complied with the statute, and fully discharged his duty with respect to ringing the bell and sounding.the whis.tle (Kirby’s Dig., § 6595); but that appellee, while he claims that he kept the lookout required for his own safety, and listened for approaching trains, is contradicted by every circumstance in the ease. The situation presented here is one where the plaintiff failed…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. W. Kimbrell, was struck by one of the passenger trains of the defendant, St. Louis, Iron Mountain & Southern Railway Company, at a public crossing at Beebe, White County, Arkansas, and he instituted this action to recover compensation for his injuries.
Plaintiff was a country merchant, residing some distance from Beebe, and came to Beebe in his two-horse wagon to get a load of groceries. After' loading- the wagon with his purchases, he drove across the railroad at a street crossing near the station to go to a lumber yard to get some tiling, and it was on his return trip…
2Cases cited9 opinions
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Ford v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Arkansas · 1899
- Chicago, Rock Island & Pacific Railway Co. v. MoonSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davis v. ScottSupreme Court of Arkansas · 1921
- St. Louis-San Francisco Ry. Co. v. WhitfieldSupreme Court of Arkansas · 1922
- Missouri Pacific Railroad Co. v. RogersSupreme Court of Arkansas · 1931
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
- Fort Smith Light & Traction Co. v. HendricksonSupreme Court of Arkansas · 1916
3 more not listed; retrieve them via the Exa API.