St. Louis, Iron Mountain & Southern Railway Co. v. Dooley
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; Persons using the way and crossing did so as mere licensees, and the company is not liable for injuries sustained because the crossing was not properly constructed or kept in repair.
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Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; Persons using the way and crossing did so as mere licensees, and the company is not liable for injuries sustained because the crossing was not properly constructed or kept in repair. Elliott, Railroads, 1151; 83 Wis. 547; 57 Wis. 600; 42 111. App. 93. The owner of premises is under no legal duty 'to keep them free from pitfalls or obstructions for the accommodation of persons who go upon or-over them for their own convenience or pleasure, even when this is done with his permission. The licensee goes there at his own risk. 100 Ind.…
1Opinion of the CourtBattle, J.
Fannie Dooley brought this action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages suffered by her from a fall through steps erected by the defendant over and across a fence constructed by it along its right of way; the injury being occasioned by the negligent failure of the defendant to keep the steps in repair. The defendant answered, disclaiming any right to or interest in the steps, and denying that it ever built the steps, or invited the public to use them, or that it ever undertook to keep them in repair, or that it was its duty to do so. The plaintiff…
2Cases cited4 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Ward v. BlackwoodSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1902
3Cited by29 opinions
- Milauskis v. Terminal RailroadIllinois Supreme Court · 1919
- D.B. Griffin Warehouse, Inc. v. SandersSupreme Court of Arkansas · 2002
- Garrett v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1951
- Ollar v. SpakesSupreme Court of Arkansas · 1980
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
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