St. Louis, Iron Mountain & Southern Railway Co. v. Battle
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. MaRtie, Judge. . STATEMENT BY TIIE COURT. The Searcy & West Point Railroad, which we will designate as the “Searcy Road,” intersects at right angles with the Iron Mountain Railroad at a station on the Iron Mountain called Ken-sett. The Iron Mountain road was built first. Within the angle of the intersection of the two roads a platform was erected by the Searcy road, on the right of way of both roads.
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Appeal from Pulaski Circuit Court. Joseph W. MaRtie, Judge. . STATEMENT BY TIIE COURT. The Searcy & West Point Railroad, which we will designate as the “Searcy Road,” intersects at right angles with the Iron Mountain Railroad at a station on the Iron Mountain called Ken-sett. The Iron Mountain road was built first. Within the angle of the intersection of the two roads a platform was erected by the Searcy road, on the right of way of both roads. It stood about six feet west from the track of the Iron Mountain, and about three feet north of the track of the Searcy road. It was three and…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Considering first the question of contributory negligence, the proof shows that Battle was not very familiar with the platform and its incline, having passed over it only • once before. On the occasion in question, when the train whistled which they supposed to be the one desired, Battle put on his overcoat, gathered up his valise in his left hand, with umbrella in his right, and walked out of the car (first feeling with his umbrella for the gang plank) onto the platform, still using his umbrella as a guide to feel bis way until he fell. There was not…
2Cases cited1 opinion
- Fordyce v. MerrillSupreme Court of Arkansas · 1887
3Cited by2 opinions
- Valentine v. Northern Pacific Railway Co.Washington Supreme Court · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. BriggsSupreme Court of Arkansas · 1908