St. Louis Southwestern Railway Co. v. Adams
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Bugene Lankford, Judge; 1. There was nothing to divert appellee’s attention, nothing to prevent him from seeing the cars from the time he left the passing track 33 feet away until he was injured.
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Appeal from Monroe Circuit Court; Bugene Lankford, Judge; 1. There was nothing to divert appellee’s attention, nothing to prevent him from seeing the cars from the time he left the passing track 33 feet away until he was injured. They could not have escaped his attention, and his statement that he looked north 'but had no time to look south for danger is disproved by the known facts. 22 Ark. 390; Id. 555; 19 Ark. 627; 54 Ark. 431; 79 Ark. 608. Appellee was guilty of contributory negligence. There was nothing to excuse a failure to see the .car, and the facts do not bring this case within any…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, who is a minor and sues by next friend, instituted this action against defendant railway .company to recover damages on account of personal injuries sustained 'by reason of alleged negligent acts of servants of the railway company. He alleges that he was engaged in driving-some calves across the tracks in the railroad yards at Clarendon, Arkansas, and that while he was passing over the tracks he was struck by a loose car which had, by means of a flying switch, been shunted or kicked in on the main line. The car struck him and inflicted bodily injuries for which the jury…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. DingmanSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1897
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3Cited by5 opinions
- Harrelson v. WhiteheadSupreme Court of Arkansas · 1963
- Gates v. PlummerSupreme Court of Arkansas · 1927
- Blythe v. ByrdSupreme Court of Arkansas · 1971
- Monk v. JonesSupreme Court of Arkansas · 1935
- Missouri Pac. R.R. Co., Thompson v. MooreSupreme Court of Arkansas · 1946