St. Louis, Iron Mountain & Southern Railway Co. v. Holman
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. John Holman was a locomotive engineer in the employ of appellant. On the 12th day of January, 1908, he was on an engine that was pulling a freight train on appellant’s railroad from El Dorado and Camden to Gurdon. About a half or three-quarters of a mile south of Gurdon a switch connected a side track with the main line. Holman’s engine ran into this switch, which was open.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. John Holman was a locomotive engineer in the employ of appellant. On the 12th day of January, 1908, he was on an engine that was pulling a freight train on appellant’s railroad from El Dorado and Camden to Gurdon. About a half or three-quarters of a mile south of Gurdon a switch connected a side track with the main line. Holman’s engine ran into this switch, which was open. On the side track, about four hundred feet from where the engine entered the switch, were freight cars. Holman, seeing that a collision was…
1Opinion of the Court
Wood, J.,
(after stating .the facts). The questions of negligence and contributory negligence were submitted to the jury upon correct instructions. We deem it unnecessary to discuss, seriatim, the instructions of the court. It is conceded that for the ■ most part they announce correct and familiar principles, but it is contended by appellant that, as applied to the facts of this case, the instructions are abstract, misleading and prejudicial.. Among other instructions, to the giving of which appellant objected, were numbers 3 and 4 set out in the statement. In asking-these instructions…
2Cases cited22 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- Eureka Co. v. BassSupreme Court of Alabama · 1886
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3Cited by18 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Ward Furniture Manufacturing Co. v. WeigandSupreme Court of Arkansas · 1927
- A. L. Clark Lumber Co. v. JohnsSupreme Court of Arkansas · 1911
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
13 more not listed; retrieve them via the Exa API.