St. Louis, Iron Mountain & Southern Railway Co. v. Bird
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. J. H. Bird, as next friend of Wharton Bird, brought this suit in the Union Circuit Court against appellant to recover damages for injuries to Wharton Bird alleged to have been caused by the negligence of appellant.
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. J. H. Bird, as next friend of Wharton Bird, brought this suit in the Union Circuit Court against appellant to recover damages for injuries to Wharton Bird alleged to have been caused by the negligence of appellant. Judgment was rendered in favor of the appellee in the sum of $11,000. While considering the motion for a new trial the court offered to require the appellee to remit the sum of $3,000 if the appellant would waive errors and accept judgment in the sum of $8,000. This the appellant declined to do and the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) There was no charge of negligence in the complaint, but the appellant did not demur,- and answered denying negligence and setting up contributory negligence on the part of the appellee, J. H. Bird, and Wharton Bird in driving upon the railroad track in front of the approaching train without exercising reasonable care to ascertain whether or not an engine was running there and approaching said crossing before they attempted to drive thereon.
Testimony was introduced without objection tending to show that appellant’s servants were negligent in failing to ring…
2Cases cited3 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. ArcherNebraska Supreme Court · 1896
- A. L. Clark Lumber Co. v. St. ConerSupreme Court of Arkansas · 1911
3Cited by25 opinions
- East Texas Motor Freight Lines, Inc. v. FreemanSupreme Court of Arkansas · 1986
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Welter v. CurrySupreme Court of Arkansas · 1976
- Martin v. RiegerSupreme Court of Arkansas · 1986
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
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