St. Louis, Iron Mountain & Southern Railway Co. v. Martin
Supreme Court of Arkansas
Appeal from Cross Circuit Court. James E. Riddick, Judge. 1. The verdict was without evidence to sustain it. The evidence is that deceased never looked or. listened before or after going on the tracks. 2. The verdict is contrary to law. A person going upon the tracks of a railway company must use due precautions by looking and listening.
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Appeal from Cross Circuit Court. James E. Riddick, Judge. 1. The verdict was without evidence to sustain it. The evidence is that deceased never looked or. listened before or after going on the tracks. 2. The verdict is contrary to law. A person going upon the tracks of a railway company must use due precautions by looking and listening. No neglect of the company will excuse this duty of using both eyes and ears. 54 Ark. 434; 24 A. & E. R. Cas. 124 ; 56 Ark. 459; 29 Mich. 274; 2 Binney (Pa.) 159. He must make vigilant use of his senses to detect the approach of trains. 57 N. Y. S.' R. 7; 47…
1Opinion of the CourtWood, J.
This suit is for damages resultant it is alleged, from the negligent killing of A. S. Martin by the appellant. The suit was brought for the benefit of the estate, and of the widow and next of kin. The defense was a denial of negligence, and a plea of contributory negligence. The trial resulted in a judgment for seven thousand dollars, which this appeal seeks to reverse.
The negligence of appellant is established by proof which is sufficient, and the judgment must be affirmed, unless the deceased was guilty of contributory negligence, which is the only question we need discuss. Deceased was…
2Cases cited27 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
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3Cited by31 opinions
- Grand Lodge of Ancient Order of United Workmen v. BanisterSupreme Court of Arkansas · 1906
- Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Price v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
26 more not listed; retrieve them via the Exa API.