Perdue v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace-, Judge; When a railroad company is occupying a public street in a city, it can permit nothing to remain in such street that is liable to injure property without being held guilty of negligence. It is the duty of a street railway so to maintain and operate its railroad as not to unnecessarily impede travel or obstruct the. highway.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace-, Judge; When a railroad company is occupying a public street in a city, it can permit nothing to remain in such street that is liable to injure property without being held guilty of negligence. It is the duty of a street railway so to maintain and operate its railroad as not to unnecessarily impede travel or obstruct the. highway. Elliott on Roads and Streets, p. 579. A railroad using the street is under obligation to observe the rights of the public therein. 64 Ark. 538. The court should have permitted witness to testify that, with…
1Opinion of the CourtRiddick, J.
The plaintiff, J. A. Perdue, was engaged in the transfer business in the city of Pine Bluff. The defendant railway company operates a railroad passing along Third Avenue of that city. It also had a side track on a portion of that street. On the 21st day of August the plaintiff’s agent drove a team and wagon to a car placed on the side track for the purpose of receiving and removing freight from the car. In leaving the car the driver turned the mules so that their forefeet came upon the main tract. One of the spikes which fastened the steel rails to the ties on which they rested at the point…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. AvenSupreme Court of Arkansas · 1895
3Cited by2 opinions
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- Missouri Pacific Railway Co. v. PriceSupreme Court of Arkansas · 1930