St. Louis, Iron Mountain & Southern Railway Co. v. Tucka
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; The deceased had no right to thus interfere with t'he use of the railway track by the company. 63 Ark. 65. To bare licensees railway companies owe no affirmative duty or care. 90 Ark. 285. Deceased was guilty of negligence in not using care to avoid danger. 100 Tex. 63; 72 111. 222; 115 S. W. 1163; 20 L. R. A. (U. S.) 432; 83 Ark. 301; 95 U. S. 695; 82 Ark. 523. Failure of the trainmen to discover the peril of the…
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; The deceased had no right to thus interfere with t'he use of the railway track by the company. 63 Ark. 65. To bare licensees railway companies owe no affirmative duty or care. 90 Ark. 285. Deceased was guilty of negligence in not using care to avoid danger. 100 Tex. 63; 72 111. 222; 115 S. W. 1163; 20 L. R. A. (U. S.) 432; 83 Ark. 301; 95 U. S. 695; 82 Ark. 523. Failure of the trainmen to discover the peril of the footman does not make the railway company liable if the footman was also guilty of negligence contributing to the injury. 77…
1Opinion of the CourtBattle, J.
During the night of July 12, 1908, the dead body of Frank Tucka was discovered on the railway track of the St. Louis, Iron Mountain & Southern Railway Company. Further than stated, the cause of his death is unknown. Mary Tucka, as his administratrix, brought this action against the railway company, and recovered judgment and the defendant appealed.
He was upon the track at the time he was killed. The distance he was at this time on the track in advance of the train killing him before it struck him, or when or how he came upon the track, is not shown. He was a strong, healthy man, in full…
2Cases cited12 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis, I. M. S. R. Co. v. GibsonSupreme Court of Oklahoma · 1915
- Missouri Pacific R. Co. v. MerrittSupreme Court of Oklahoma · 1924
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. DuckworthSupreme Court of Arkansas · 1915
- Todd v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.