Inabnett v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Joel D. Conway, Judge. Appellee was bound to the exercise of all the measures and means of precaution which the highest prudence could suggest and which was in its power to employ. 101 Mo. 36; 98 Mo. 50; 8 Am. & Eng. R. Cas. 280; 65 Mo. 22; 58 iST. Y. 451; 91 Ky! 434; 29 Md. 252; 26 Atl. 937. The fourth instruction for appellee was erroneous as a proposition of law. 2 Th. Neg. 1235-6; Cooley, Torts, 668, 671; 60 Ark. 409; 8 Am. & Eng.
Read the full summary
Appeal from Nevada Circuit Court. Joel D. Conway, Judge. Appellee was bound to the exercise of all the measures and means of precaution which the highest prudence could suggest and which was in its power to employ. 101 Mo. 36; 98 Mo. 50; 8 Am. & Eng. R. Cas. 280; 65 Mo. 22; 58 iST. Y. 451; 91 Ky! 434; 29 Md. 252; 26 Atl. 937. The fourth instruction for appellee was erroneous as a proposition of law. 2 Th. Neg. 1235-6; Cooley, Torts, 668, 671; 60 Ark. 409; 8 Am. & Eng. R„ Cas. 262; id. 280; 11 Am. & Eng. R. Cas. (E. S.), 70; 40 Minn. 544; 73 Ga. 810; 53 Fed. 219. It was error to give it for…
1Opinion of the CourtWood, J.
This suit was brought by Inabnett to recover damages for personal injuries alleged to have been caused by the negligence of the railway company in blowing the whistle and in allowing steam to escape from the steam cocks of its engine while plaintiff in his buggy upon the highway was approaching the public crossing in the city of Texarkana. It is alleged that the unnecessary blowing of the whistle greatly frightened plaintiff’s horse, and that, while he was endeavoring to calm same, plaintiff observed an engineer on the engine nearest to him, and saw that the engineer was apprised of…
2Cases cited3 opinions
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
- Railway Co. v. LewisSupreme Court of Arkansas · 1895
3Cited by6 opinions
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Crossett Lumber Company v. CarterSupreme Court of Arkansas · 1940
- Chicago, Rock Island & Pacific Railway Co. v. ElzenSupreme Court of Arkansas · 1918
- St. Louis & San Francisco Railroad v. ChampionSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. TransmierSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.