L. R., M. R. & T. Ry. v. Haynes
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Circuit Judge. We hardly feel that it is necessary to file a brief in this case or do more than refer the court to the case of St. L., I. M. & S. Ry. v Freeman, 36 Aik., ‡1. The cases are in many respects parallel.
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APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Circuit Judge. We hardly feel that it is necessary to file a brief in this case or do more than refer the court to the case of St. L., I. M. & S. Ry. v Freeman, 36 Aik., ‡1. The cases are in many respects parallel. In both cases the engineer, when he first saw the party injured, thought it to be some other object and took such precautions as were proper under the circumstances, and did everything in his power to, avert the accident after discovering that it was a human being on the track. In the case cited, this court held that the company…
1Opinion of the Court
Smith J.
This action was brought by Haynes, who was using the railroad'track as a foot-path, to recover damages for-being run over by a passing train.' The answer averred that the defendant’s servants in charge of the train exercised all proper care — that the injury occurred by reason of the plaintiff’s own negligence .in lying on or near the track while he was drunk, or asleep; and that every effort was made to stop-the train after the plaintiff’s situation was discovered. The plaintiff obtained a verdict for $4500. And the motion for a new trial alleged the admission of incompetent…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Kirkpatrick v. SnyderIndiana Supreme Court · 1870
3Cited by12 opinions
- Central of Georgia Railway Co. v. PelfryCourt of Appeals of Georgia · 1912
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Railway Co. v. JonesSupreme Court of Arkansas · 1894
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
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