St. Louis, Iron Mountain & Southern Railway Co. v. Lawrence
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The law applicable to this case is clearly stated in 46 Ark. 513. As to the duty of employees of railroads and negligence see 84 Ark. 270; 98 Id. 224; 90 Id. 403; Elliott on Railroads, § 1298; 97 Ark. 560. 2. No peril was discovered to employee, and until discovered the company was under no duty to act. 99 Ark. 560; Bailey on Personal Inj., vol 2, § 497; 83 Wis. 459; 170 Mass. 168. 3. Where a person * * * has actual…
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The law applicable to this case is clearly stated in 46 Ark. 513. As to the duty of employees of railroads and negligence see 84 Ark. 270; 98 Id. 224; 90 Id. 403; Elliott on Railroads, § 1298; 97 Ark. 560. 2. No peril was discovered to employee, and until discovered the company was under no duty to act. 99 Ark. 560; Bailey on Personal Inj., vol 2, § 497; 83 Wis. 459; 170 Mass. 168. 3. Where a person * * * has actual knowledge of the approach of a train in time to avoid it and fails to do so, he is guilty of contributory negligence. 30…
1Opinion of the CourtSmith, J.
The appellee, Mrs. Frankie Lawrence, as administratrix of the estate of I. D. H. Lawrence, deceased, sued the appellant railway company for the benefit of herself, as his widow, and their children, who were his next of kin. The jury returned a verdict in her favor in the sum of $5,000, and the railway company appealed from the action of the court in awarding her judgment for that amount.
The complaint alleged, and the proof showed, that the deceased at the time of his death was employed by the railway company as a section foreman and that he had been employed in section work for twenty-one…
2Cases cited5 opinions
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co v. WatsonSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. NewmanSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Missouri, K. & T. Ry. Co. v. GilbreathSupreme Court of Oklahoma · 1916
- St. Louis-San Francisco Railway Co. v. RobinsonSupreme Court of Arkansas · 1938