St. Louis, Iron Mountain & Southern Railway Co. v. Hudson
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Appellee’s own contributory negligence should bar recovery. She had notice that the appellant moved cars in switching in the yards without regard to the rights of passers.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Appellee’s own contributory negligence should bar recovery. She had notice that the appellant moved cars in switching in the yards without regard to the rights of passers. It is negligence for a person to go upon a railroad track without exercising the senses both to see and hear approaching trains. -6i Ark. 558; 65 Ark. 239; 79 Ark. 137; 76 Ark. 224; 78 Ark. 60; 69 Ark. 139. e 2. It was error to admit testimony as to the bridge or viaduct which formerly crossed the railroad track at or near the place where the injury occurred. If…
1Opinion of the CourtMcCulloch, J.
Appellee was injured while attempting to cross the railroad tracks of appellant in the yard at Texarkana, and sued for and recovered damages. She was crossing the tracks along a path which it is claimed had been continuously used by the public generally by permission of the railway company for a number of years, and she attempted to pass through ail opening between the ends of two cars when a switch engine backing with a string of cars “kicked” a car backward against one of the cars near which appellee was passing, causing the car to strike her, knock her down and inflict serious injury. She…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
3Cited by3 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
- Missouri Pacific Railroad Co. v. McKinneySupreme Court of Arkansas · 1934