Choctaw, Oklahoma & Gulf Railroad v. Coker
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; The statutory rule requiring signals upon the approach to a crossing of a train should not be held to be so inflexible as to contribute to or produce the injury which it is designed to prevent. 60 Ark. 415. If it be apparent that a team has become frightened at the sound of the signals, and is endangering the safety of an individual, the engineer should change, suspend or stop the sound of the signals,…
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; The statutory rule requiring signals upon the approach to a crossing of a train should not be held to be so inflexible as to contribute to or produce the injury which it is designed to prevent. 60 Ark. 415. If it be apparent that a team has become frightened at the sound of the signals, and is endangering the safety of an individual, the engineer should change, suspend or stop the sound of the signals, as the circumstances seem reasonably to require, until the danger is averted. 60 Ark. 415; 77 Id. 177; 56 Id. 387. An.…
1Opinion of the CourtBatteE, J.
This is the second appearance of this cause in this court. A report of it is in 77 Ark. 174 (Choctaw, O. & G. Rd. Co. v. Coker). It is conceded by appellant that the testimony in the two trials in the case is substantially the same. For the purpose of this opinion,-the statement in the opinion on the first appeal of the facts proved is sufficient.
In the first trial the court instructed the jury at the request of the plaintiff as follows: “The law requires the defendant to ring the bell or sound the whistle eighty rods before reaching a public crossing, and to continue doing one or the other…
2Cases cited1 opinion
- Choctaw, Oklahoma & Gulf Railroad v. CokerSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- St. Louis, Iron Mountain & Southern Railway Co. v. TransmierSupreme Court of Arkansas · 1913