Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Adams

Supreme Court of Arkansas

Decided February 25, 1905PublishedCited by 21 opinions

Appeal from Lonoke Circuit Court. The plaintiff failed to look and listen, and was guilty of contributory negligence. 65 Ark. 235; 54 Ark. 431; 56 Ark. 439; 62 Ark. 158; Elliott, Railroads, § 1166; 61 Ark. 217; 30 Oh. St. 627; Beach, Con. Neg. § 449; Thomp.

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Appeal from Lonoke Circuit Court. The plaintiff failed to look and listen, and was guilty of contributory negligence. 65 Ark. 235; 54 Ark. 431; 56 Ark. 439; 62 Ark. 158; Elliott, Railroads, § 1166; 61 Ark. 217; 30 Oh. St. 627; Beach, Con. Neg. § 449; Thomp. Neg. 426, 1237; 29 Fed. 489; Shearman & R. Neg. § 56; 57 Fed. 921.; 48 Ark. 106; 7 Vroom, 531; 95 U. S. 697; 61 .Ark. 620; 62 Ark. 238, 253; 64 Ark. 332, 364; 65 Ark. 429. The proof fails to establish negligence on the part of the appellant, and it was error to admit testimony ás to an alleged habit of negligence. 1 Greenleaf, Ev. § 13; 91…

1Opinion of the Court

Battee, -J.

T. R. Adams brought this action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages caused by the negligence of the defendant. He alleged in his complaint that on the 7th day of March, 1900, he was traveling from his home toward Little Rock in a wagon drawn’1 by two mules and loaded with country produce; that it was dark, about eight or nine o’clock, when he approached the crossing of the public road by the defendant’s railway; that when near the track he stopped, and looked, and listened, and, seeing no approaching train, moved on the crossing, and…

2Cases cited2 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. Kreuziger v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888

3Cited by21 opinions

  1. Ark. State Highway Comm. v. WatkinsSupreme Court of Arkansas · 1958
  2. Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
  3. Arkansas State Highway Comm'n v. DarrSupreme Court of Arkansas · 1969
  4. Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
  5. St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911

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