Little Rock & Monroe Railway Co. v. Russell
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; The sixth instruction is erroneous in that it places upon the appellant a degree of care which t’he law does not require in cases of trespassers; erroneous also in suggesting to the jury that appellee may have had the appearance of not seeing or hearing t’he train in time to avoid the injury, whereas there is no evidence whatever on which to base such suggestion or instruction.
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Appeal from Union Circuit Court; George W. Hays, Judge; The sixth instruction is erroneous in that it places upon the appellant a degree of care which t’he law does not require in cases of trespassers; erroneous also in suggesting to the jury that appellee may have had the appearance of not seeing or hearing t’he train in time to avoid the injury, whereas there is no evidence whatever on which to base such suggestion or instruction. No duty is owing to a trespasser. on railroad right of way except ordinary care after discovering the trespasser’s peril, and it is equally well settled that the…
1Opinion of the CourtHart, J.
D. Gill Russell brought this suit in the Union Circuit Court against Little Rock & Monroe Railway Company to recover damages which he alleges he sustained by reason of 'the defendant negligently backing its train over him while he was crossing its railroad tracks at a public crossing in Huttig, Arkansas.
The defendant answered, denying the material allegations of the complaint, and alleged contributory negligence on the part of the plaintiff.
Russell, the plaintiff, testified substantially as follows: “I am sixty-six years old and live at Felsenthal, Union County, Arkansas. I am an attorney at…
2Cases cited10 opinions
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- Klein v. German National BankSupreme Court of Arkansas · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. LambSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.