Legal Opinion

St. Louis-San Francisco Ry. Co. v. Willingham

Court of Appeals for the Eighth Circuit

Decided October 26, 1949No. 13951PublishedCited by 2 opinions

1Opinion of the Court

THOMAS, Circuit Judge.

The appellee Willingham, a farmer, while walking with his wife toward the west along the tracks of the appellant Railway Company in Arkansas was struck by one of appellant’s trains and injured. He brought this action for damages against appellant, alleging that his injury was the proximate result of the negligence of appellant, (a) in failing to give the statutory warning signals for a crossing about one-half mile east of the place where the accident occurred; (b) in failing to keep a lookout for persons upon the tracks as required by statute; and (c) in failing, after…

2Cases cited5 opinions

  1. Ætna Life Ins. v. McAdooCourt of Appeals for the Eighth Circuit · 1940
  2. O'Connell v. NaessCourt of Appeals for the Second Circuit · 1949
  3. Missouri Pac. R.R. Co. v. Thomas, Adm'x.Supreme Court of Arkansas · 1939
  4. St. Louis-San Francisco Ry. Co. v. Hill, GuardianSupreme Court of Arkansas · 1938
  5. Kansas City Southern Railway Co. v. MickelSupreme Court of Arkansas · 1944

3Cited by2 opinions

  1. Rash Moore, Jr. v. Howard Stephens, Administrator of the Estate of Brenda Deborah Stephens, Deceased, and June Stephens, IndividuallyCourt of Appeals for the Sixth Circuit · 1959
  2. Southern Lumber Co. v. ThompsonDistrict Court, W.D. Arkansas · 1955

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