Sherman v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; Trains should not run thirty miles per hour where people are constantly using the track, as at public crossings. 81 Ark. 191. A man has no more right to sit down on a railroad at a crossing than at any other place on the track. 49 Ark. 257. One injured while sitting on a railroad track at a crossing is a trespasser. 50 Ark. 477. Going upon a railroad track at a crossing without looking and listening is negligence per…
Read the full summary
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; Trains should not run thirty miles per hour where people are constantly using the track, as at public crossings. 81 Ark. 191. A man has no more right to sit down on a railroad at a crossing than at any other place on the track. 49 Ark. 257. One injured while sitting on a railroad track at a crossing is a trespasser. 50 Ark. 477. Going upon a railroad track at a crossing without looking and listening is negligence per se. 65 Ark. 235 ; 54 Ark. 431; 56 Ark. 457; 62 Ark. 158. An objection to an instruction must be preserved in the motion…
1Opinion of the CourtBattle, J.
On the 6th day of March, 1908, while Tweed Sherman was sitting or lying' upon the railway track of the Chicago, Rock Island & Pacific Railway Company, at a highway crossing, a train of that company ran over and killed him, he surviving only a short time. John Sherman administered upon the estate of the deceased, and in his capacity of administrator brought this action against the railway company and Charley Freeze, the locomotive engineer of such train, to recover damages caused by such injury. The defendants answered; and plaintiff and defendants adduced considerable evidence to sustain…
2Cases cited10 opinions
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- 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
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TuckaSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. ConeSupreme Court of Arkansas · 1914