St. Louis Southwestern Railway Co. v. Cochran
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Charles W. Smith, Judge; Action by W. J. Cochran against the St. Louis Southwestern Railway Company for damages resulting from the death of his son, caused by alleged negligence of the defendant in the operation of its train. The plaintiff recovered Judgment, and defendant appealed.
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Appeal from Lafayette Circuit Court; Charles W. Smith, Judge; Action by W. J. Cochran against the St. Louis Southwestern Railway Company for damages resulting from the death of his son, caused by alleged negligence of the defendant in the operation of its train. The plaintiff recovered Judgment, and defendant appealed. In an action by the father to recover for the death of a child, contributory negligence of the father bars such recovery. 68 Ark. 1; 72 Ark. 1. The lookout statute does not make'the company liable for injury to trespassers who are guilty of contributory negligence,…
1Opinion of the CourtMcCulloch, J.
Appellee, W. J. Cochran, sued appellant, St. Louis Southwestern Railway Company, for damages resulting to him as parent frqrn the death of his child 22 months of age, alleged to have been negligently run over and killed by appellant in the operation of its train.
Appellant answered, denying the allegations of negligence, and alleged that the plaintiff was guilty of negligence in permitting the child to go upon the railroad track unattended. The court, over the objection of the defendant, gave the following, among other, instructions upon request of the plaintiff, viz.:
“2. The jury are…
2Cases cited9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Johnson v. StewartSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
- Blythe v. ByrdSupreme Court of Arkansas · 1971
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. AdamsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. FlinnSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.