Webb v. Kansas City Southern Railway Co.
Supreme Court of Arkansas
Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; STATEMENT OE EAOTS. Dora Webb sued tbe Kansas City Southern Bailway Company for damages for the death of her minor son, alleged to have been caused by the negligence of the defendant. The material facts are as follows: On February 10th, 1918, Earl Webb, a boy fourteen years of age, in company with some other boys boarded an extra freight train southbound, at the water tank at the city of Mena, Arkansas.
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Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; STATEMENT OE EAOTS. Dora Webb sued tbe Kansas City Southern Bailway Company for damages for the death of her minor son, alleged to have been caused by the negligence of the defendant. The material facts are as follows: On February 10th, 1918, Earl Webb, a boy fourteen years of age, in company with some other boys boarded an extra freight train southbound, at the water tank at the city of Mena, Arkansas. This train collided with a regular freight train northbound, running on schedule time at a point about one and a half miles south…
1Opinion of the Court
HART, J.,
(after stating the facts).
It is true the collision occurred on account of the negligence of the servants of the railway, company but Earl Webb, according to the undisputed evidence, was riding on the train without lawful right to do so and the servants of the company owed him no duty except the exercise of ordinary cafe to avoid injuring him after discovering his perilous situation. St. Louis Southwestern Ry. Co. v. McLaughlin, 129 Ark. 377, and cases cited, and Tyler, Admr., v. St. L., I. M. & S. Ry. Co., 130 Ark. 583.
Earl Webb being a trespasser, his minority was immaterial since…
2Cases cited7 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Railway Co. v. SweetSupreme Court of Arkansas · 1893
- River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
- Stecher Cooperage Works v. SteadmanSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. McLaughlinSupreme Court of Arkansas · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Itzkowitz v. P. H. Ruebel & Co.Supreme Court of Arkansas · 1923
- Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
- Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
- St. Louis-San Francisco Railway Co. v. VernonSupreme Court of Arkansas · 1924
- Fair Store No. 32 v. Hadley Milling Co.Supreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.