Dardanelle & Russellville Railway Co. v. Brigham
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The proof does not show any negligence on the part of the defendant company. Under the rules and under the law as imposed by statute, each company was required to keep its trains under control while within the yard limits, and to keep a constant lookout.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The proof does not show any negligence on the part of the defendant company. Under the rules and under the law as imposed by statute, each company was required to keep its trains under control while within the yard limits, and to keep a constant lookout. Appellant had the right to assume that these rules and statutes would be obeyed by the other company, and that the engineer of the local freight would observe the rules imposed upon him. There was therefore no reason why appellant should have expected a collision under the circumstances…
1Opinion of the CourtMcCulloch, C. J.
Appellee’s intestate, J. L. Brigham, while working for appellant as a locomotive fireman, was killed in a collision of his engine with one of the St. Louis, Iron Mountain & Southern Railway Company on the main line of the latter’s track at Russellville, Ark. Appellant operates a short line of railroad between Russellville, a station on the St. Louis, Iron Mountain & Southern Railwa}’’, and Dardanelle. Its railroad is connected with the Iron Mountain line with a “Y” a short distance east of the station at Russellville. The west leg of the “Y” runs parallel with the main line of the Iron…
2Cases cited2 opinions
- Texarkana Telephone Co. v. PembertonSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. HeintzSupreme Court of Arkansas · 1907
3Cited by5 opinions
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