St. Louis Southwestern Railway Co. v. Bryant
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George M. Chapline, Judge; STATEMENT BY THE COURT. James Bryant was a laborer on his father’s farm, through which the appellant’s railroad ran. On July 14, between one and two o’clock in the afternoon, appellee was going to his work on the farm, and was walking along a path near the railroad track. A freight train passed, to which was attached a boarding car on which was a bridge gang.
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Appeal from Monroe Circuit Court; George M. Chapline, Judge; STATEMENT BY THE COURT. James Bryant was a laborer on his father’s farm, through which the appellant’s railroad ran. On July 14, between one and two o’clock in the afternoon, appellee was going to his work on the farm, and was walking along a path near the railroad track. A freight train passed, to which was attached a boarding car on which was a bridge gang. Nelson was the foreman of of the gang, and was in- the employ of the appellant at the time, doing bridge work, tie -told the cook in his employ to throw off of the car -an old…
1Opinion of the CourtWood, J.
(after stating the 'facts.) Appellee had no right upon appellant’s right of way, and especially to be walking upon a path in such proximity to appellant’s railroad track at a time when one of its trains was passing thereon. I'n so doing he was a trespasser, and appellant owed him no positive duty of care, and only the negative duty to ¡exercise ordinary care not to injure him after his perilous position was discovered. Johnson v. Stewart, 62 Ark. 164; St. Louis S. W. Ry. Co. v. Underwood, 74 Ark. 610; St. Louis, I. M. & S. Ry. Co. v. Neely, 63 Ark. 636; Burns v. St. Louis S. W. Ry. Co., 76…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
- Johnson v. StewartSupreme Court of Arkansas · 1896
- Kansas City Southern Railway Co. v. LewisSupreme Court of Arkansas · 1906
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3Cited by5 opinions
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- Chrisco v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1909
- Lee v. Helena, Parkin & Northern Railway Co.Supreme Court of Arkansas · 1917