St. Louis & San Francisco Railroad v. Wyatt
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Allen Hughes, Judge; The testimony shows that there was a point between the main line and the belt line where appellee could have seen the engine approaching for a distance of 164 feet, had he looked.
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Appeal from Craighead Circuit Court; Allen Hughes, Judge; The testimony shows that there was a point between the main line and the belt line where appellee could have seen the engine approaching for a distance of 164 feet, had he looked. It was his duty to look and listen, and to continue looking and listening until all danger was passed. 69 Ark. 134; 119 Fed. 157; 86 S. W. 283. If it be conceded that there was negligence on the part of appellant, still this did not excuse appellee from the duty to exercise care as a reasonable and prudent person for his own safety. 105 N. W. 557; 95 U. S.…
1Opinion of the CourtHill, C. J.
The instructions were more favorable to the appellant than it was entitled to, and the sole questionjn the case is the sufficiency of the evidence to sustain the verdict for the appellee.
Culberhouse Street in the city of Jonesboro runs north and south, and crosses at right angles the tracks of appellant railroad. The first track on the north is called the “belt line,” and it is 41 feet from center to center of the next or main line track. There are 36 feet in the clear between these tracks. The street is somewhat clown grade from the belt line track to the main line; as one witness expressed…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DillardSupreme Court of Arkansas · 1906
3Cited by7 opinions
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Louisiana & Arkansas Railway Co. v. RatcliffeSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. PrinceSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. StacksSupreme Court of Arkansas · 1911
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