St. Louis, Iron Mountain & Southern Railway Co. v. Eichelman
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. II. Evans, Judge; STATEMENT BY THE COURT. On the 8th day ¡of June, 1914, appellee, in company with his business associate, one George Brown, drove over to the cattle pens at the foot of East Sixth 'Street, Little Book, ¡and after remaining there for about an hour, they ¡started on their return home, driving west on said street in a one-horse wagon, Brown doing the driving.
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Appeal from Hot Spring Circuit Court; W. II. Evans, Judge; STATEMENT BY THE COURT. On the 8th day ¡of June, 1914, appellee, in company with his business associate, one George Brown, drove over to the cattle pens at the foot of East Sixth 'Street, Little Book, ¡and after remaining there for about an hour, they ¡started on their return home, driving west on said street in a one-horse wagon, Brown doing the driving. When they approached the point where the switch tracks of appellant cross said street, they saw a switch engine backing north over the crossing, pushing two ears, and going at a…
1Opinion of the Court
■ -Smith, J.,
(after .stating the facts). (1) We think the court should not have given ¡appellee’s instruction numbered 1. It was not applicable to the issue in this case. It was not contended that appellee was a trespasser, ,and his right to cross the railroad tracks at the public crossing was not denied. But this right, of course, was not -an absolute one. Under this instruction the jury might well have inferred that appellee had the right-of-way and that there was, therefore, no question as to his contributory negligence for the consideration -of the jury.. The rights of the traveler and of…
2Cases cited5 opinions
- St, Louis, Iron Mountain & Southern Railway Co. v. TouheySupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. OsborneSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. TransmierSupreme Court of Arkansas · 1913
- Woodson v. Prescott & Northwestern Railway Co.Supreme Court of Arkansas · 1909
3Cited by4 opinions
- Martin v. United StatesDistrict Court, E.D. Arkansas · 1977
- Ishie v. KelleySupreme Court of Arkansas · 1990
- Coca-Cola Bottling Co. of Southeast Arkansas v. JonesSupreme Court of Arkansas · 1956
- Holland v. RatliffSupreme Court of Arkansas · 1964