St. Louis, Iron Mountain & Southern Railway Co. v. London
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. Appellee’s intestate, an old man, very deaf, and of failing eyesight, was walking along appellant’s railroad track, at about noon. For about a mile west of the trestle where he was struck, from which direction the train was coming, the track was perfectly straight, and nothing intervened to obstruct his view.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. Appellee’s intestate, an old man, very deaf, and of failing eyesight, was walking along appellant’s railroad track, at about noon. For about a mile west of the trestle where he was struck, from which direction the train was coming, the track was perfectly straight, and nothing intervened to obstruct his view. He did not look for a train as he approached the track, nor after he reached it and started across the trestle. A clear case of contributory negligence on the part of the deceased, without which the .injury would not have…
1Opinion of the CourtBattue, J.
T. J. Kinsey brought this action, in his lifetime, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages which he alleged he sustained by reason ■of the negligence of the defendant. He alleged in his complaint that the negligence was committed as follows:
“That said defendant’s railway track for a distance of one mile west of said trestle, this being the direction from which said- train was coming, is straight and level, and the v-iew along said track is unobstructed; that plaintiff, being hard of hearing, was not aware -of the approach of said train until he was…
2Cases cited1 opinion
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
3Cited by1 opinion
- Moody v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908