St. Louis, Iron Mountain & Southern Railway Co. v. Sparks
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. This was an unusually bright boy, ten years of age, who had often walked along the railroad tracks to and from school. By his own testimony it appears that he frequently had to get out of the way .of cars, knew the risks incident to his walking along the tracks, and that it was necessary to his own safety to look out for approaching cars.
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. This was an unusually bright boy, ten years of age, who had often walked along the railroad tracks to and from school. By his own testimony it appears that he frequently had to get out of the way .of cars, knew the risks incident to his walking along the tracks, and that it was necessary to his own safety to look out for approaching cars. Under this state of facts it was negligence on his part to walk along the track toward the cars by which he was injured, and while thus walking to continue looking back in the direction from…
1Opinion of the CourtRiddick, J.
This is an action brought by Willie Sparks, a minor, by his next friend to recover damages for an’injury caused by one of the cars of the defendant railway company. At the time of the accident Willie Sparks, a boy between nine and ten years of age, was returning from the place where he attended school to his home. He and.a number of other school children walked along the side of the railway track, and then attempted to cross the track. The employees of the company had left a caboose with three freight cars attached standing on the track near where the boy attempted to cross. Just before the…
2Cases cited5 opinions
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
3Cited by25 opinions
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- Midland Valley Railroad v. LemoyneSupreme Court of Arkansas · 1912
- Harrelson v. WhiteheadSupreme Court of Arkansas · 1963
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Gates v. PlummerSupreme Court of Arkansas · 1927
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