Earl v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Conway Circuit Court; J. H. Basham, Judge reversed. Kirby’s Digest § 6776, applies only to injuries from running trains. This was settled in 70 Ark. 481. The action was not barred. 14 L. R. A. 841.
1Opinion of the CourtBatTlL, J.
This action was commenced on the 18th day of September, 1906. Plaintiff in his complaint alleged as follows: “That on or about the 15th day of April, 1905, the exact date and hour of the day being to this plaintiff unknown, and therefore cannot be alleged, and at a point about two miles east of Morrilton. on the Plummerville and Morrilton road, where the same approaches near and in close proximity and parallel to the said defendant’s railroad track and right of way and at a point upon said wagon road where the plaintiff had a right to be and to have his team, and while he was driving along…
2Cases cited5 opinions
- Peru & Indianapolis Railroad v. HasketIndiana Supreme Court · 1858
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- International & Great Northern Railroad v. HughesTexas Supreme Court · 1887
- Schertz v. Indianapolis, Bloomington & Western Railway Co.Illinois Supreme Court · 1883
- Louisville, New Albany & Chicago R. W. Co. v. SmithIndiana Supreme Court · 1877
3Cited by3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BoylesSupreme Court of Arkansas · 1945
- Jonesboro, Lake City & Eastern Railway Co. v. KilgoreSupreme Court of Arkansas · 1919
- Kansas City Southern Railway Company v. HaynieSupreme Court of Arkansas · 1925