Arkansas Central Railroad v. Fain
Supreme Court of Arkansas
Appeal from Logan Circuit Court; Jeptha H. Bvcms, Judge; Because of appellee’s patent contributory negligence in failing to use his sense of sight, he being deaf, and in thoughtlessly and recklessly remaining on the track, and of the total want of proof of negligence on the part of appellant, the court should have given a peremptory instruction for the appellant. 95 U. S. 697; 74 Ark. 379; 82 Ark. 522; Id. 267; 46 Ark. 513. The testimony of the engineer and fireman was…
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Appeal from Logan Circuit Court; Jeptha H. Bvcms, Judge; Because of appellee’s patent contributory negligence in failing to use his sense of sight, he being deaf, and in thoughtlessly and recklessly remaining on the track, and of the total want of proof of negligence on the part of appellant, the court should have given a peremptory instruction for the appellant. 95 U. S. 697; 74 Ark. 379; 82 Ark. 522; Id. 267; 46 Ark. 513. The testimony of the engineer and fireman was consistent and reasonable, and could not arbitrarily be disregarded. 80 Ark. 396; 67 Ark. 514. There is no proof that…
1Opinion of the CourtBattre, J.
W. A. Fain sued the Arkansas Central Railroad Company in the Logan Circuit Court for damages in the sum of $2,000 on account of injuries caused by a train of defendant knocking him off its track at a public street crossing in the town of Paris, in this State. The defendant denied that it was guilty of negligence, and pleaded the .contributory negligence of plaintiff.
The undisputed facts in the case are, in part, as follows: Plaintiff was deaf. Between two and three o’clock in the afternoon he approached the railroad track of the defendant at a place where a street in Paris crossed it. When he…
2Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
- Arkansas Central Railroad v. WorkmanSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1909