Louisiana & Arkansas Railway Co. v. Ratcliffe
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; statement by the court. T-his is an action for personal injuries by Ratcliffe against the Louisiana & Arkansas Railway Company. Upon the trial the plaintiff gave in substance the following evidence: He was in a wagon with his son, a lad of sixteen, and two men, and they were driving on a public road which crossed the tracks of the appellant railroad company in the town of Stamps.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; statement by the court. T-his is an action for personal injuries by Ratcliffe against the Louisiana & Arkansas Railway Company. Upon the trial the plaintiff gave in substance the following evidence: He was in a wagon with his son, a lad of sixteen, and two men, and they were driving on a public road which crossed the tracks of the appellant railroad company in the town of Stamps. The- tracks crossing the public road were the main track and two switch tracks. When he approached the west track, he found a switch engine switching…
1Opinion of the Court
Hil®, C. J.,
(after stating the facts.) The point to which appellant chiefly directs his argument is that the evidence was insufficient to be submitted to the jury. It is insisted that failure to keep a lookout as required by the statute, or failure to give the statutory signals, does not excuse contributory negligence. This is undoubtedly correct. It is also insisted that it is negligence per se for'an adult to go upon a railroad track and attempt to cross the same immediately in front of a moving train, with full knowledge of the surroundings, and without being impelled to do so to avoid…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Missouri Pac. R.R. Co., Thompson, Trustee v. HowardSupreme Court of Arkansas · 1942
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
- Graves ex rel. Hathaway v. Northern Pacific Railway Co.Idaho Supreme Court · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. GarnerSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.