Choctaw, Oklahoma & Gulf Railroad v. Coker
Supreme Court of Arkansas
Appeal from Yell Circuit Court; Jeptita H. Evans, Judge, on exchange of circuits; Railroads are not liable for injuries to persons caused by the usual and ordinary noises incident to running of trains. 140 Mass. 79; 56 S. W. 1; 32 N. E. 209. They are only required to use ordinary care, and so to manage their trains as not to carelessly or negligently injure persons on the highway or off their right of way. 60 Ark. 409; 77 Pac.
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Appeal from Yell Circuit Court; Jeptita H. Evans, Judge, on exchange of circuits; Railroads are not liable for injuries to persons caused by the usual and ordinary noises incident to running of trains. 140 Mass. 79; 56 S. W. 1; 32 N. E. 209. They are only required to use ordinary care, and so to manage their trains as not to carelessly or negligently injure persons on the highway or off their right of way. 60 Ark. 409; 77 Pac. Rep. 231. .And train operatives are not bound, before giving the signal, to look and see if there are any persons on the highway. 169 Mass. 305. Instruction No. 3 was…
1Opinion of the CourtBattlS, J.
Cordelia Coker, by her next friend, sued the Choctaw, Oklahoma & Gulf Railroad Company, and stated her cause of action as follows:
“Further complaining, the plaintiff states on the 24th day of April, 1901, she was at work on her father’s farm, in a field at. a point between mile posts numbered 206 and 207, along said railroad track, and that her father and next friend, the said James E. Coker, was in the field near her ploughing a horse, and that about five o’clock of the afternoon of the said 24th day of April, 1901, the west-bound-passenger train of the said defendant, Choctaw, Oklahoma &…
2Cited by5 opinions
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- Geren v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. TransmierSupreme Court of Arkansas · 1913
- Choctaw, Oklahoma & Gulf Railroad v. CokerSupreme Court of Arkansas · 1909
- Atchison, T. & S. F. Ry. Co. v. HustonSupreme Court of Oklahoma · 1925