St. Louis Southwestern Railway Co. v. Dingman
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Grant Green J., Judge. STATEMENT BY THE COURT. Dingman, a mechanic engaged for three or four years past in work at saw mills, and, at the time of the injuries complained of, residing at Meredith, a station on appellant’s railroad, about three miles south of Pair Oaks, had left McCrory, a station north of Pair Oaks, and reached the latter station late in the afternoon,— having walked on the railroad track, — and about 9:50 p. m. of the same…
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Appeal from Woodruff Circuit Court. Grant Green J., Judge. STATEMENT BY THE COURT. Dingman, a mechanic engaged for three or four years past in work at saw mills, and, at the time of the injuries complained of, residing at Meredith, a station on appellant’s railroad, about three miles south of Pair Oaks, had left McCrory, a station north of Pair Oaks, and reached the latter station late in the afternoon,— having walked on the railroad track, — and about 9:50 p. m. of the same day left Pair Oaks, going south on the track toward his home, and, when about three-fourths of a mile from Fair Oaks,…
1Opinion of the Court
Bunn, C. J.,
(after stating the facts). Does the evidence make out a case against the appellant company? At the time of the injury the appellee, Ding-man, was not at a crossing, but, according to his own statement, was walking along the track at a place where he had no right to be. He knew that it was about the hour for the passenger train of appellant to pass along the track at the place where he was walking, but he made no reasonable effort, by looking or listening, to inform himself of the approach of such train. These circumstances clearly show that he was guilty of negligence directly…
2Cases cited4 opinions
- Railway Co. v. CullenSupreme Court of Arkansas · 1891
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- L. R. & Ft. S. Railway v. HollandSupreme Court of Arkansas · 1883
- St. Louis, Iron Mountain & Southern Railway Co. v. RossSupreme Court of Arkansas · 1896
3Cited by12 opinions
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1897
- Mammoth Vein Coal Co. v. BublissSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. CochranSupreme Court of Arkansas · 1906
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