Tyler v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; 1. Appellants were guilty of negligence in failing to whistle at the whistling post, and in failing to properly warn deceased of the approach of the train. It was error to take the case from the jury.
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Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; 1. Appellants were guilty of negligence in failing to whistle at the whistling post, and in failing to properly warn deceased of the approach of the train. It was error to take the case from the jury. If there was contributory negligence it was a question for the jury. 99 Ark. 377; 81 Id. 591; 82 Id. 640; 90 Id. 223; 98 Id. 227; 95 Id. 291; 91 Id. 337; 88 Id. 548; 79 Id. 53; 78 Id. 100; 89 Id. 522; 92 Id. 502; 95 Id. 560; 70 Id. 100; 61 Id. 341. Under the law and testimony this was a case for a jury. The foreman failed in his duty to…
1Opinion of the CourtHumphbets, J.
Appellant, administratrix of the estate of J..E. Tyler, deceased, instituted this suit in the circuit court of Hot Spring County for the benefit of herself, as widow, and his two children, .as heirs, against ap-pellees, to recover damages on account of the alleged negligent killing of J. E. Tyler, deceased, on the 11th day of October, 1916, about 1,224 feet south of the Twenty-sixth street railroad crossing in Little Bock, Arkansas. The negligence charged and insisted upon for reversal consisted, first, in the alleged failure of appellee to whistle at the whistling post immediately north of…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Davis v. ScottSupreme Court of Arkansas · 1921
- Webb v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1919
- Chicago, Rock Island & Pacific Railway Co. v. ElzenSupreme Court of Arkansas · 1918
- Tinsley v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1934
- St. Louis-San Francisco Railway Co. v. RobinsonSupreme Court of Arkansas · 1938