Chicago, Rock Island & Pacific Railway Co. v. Batsel
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. Appellee was on foot and- without impediment, in age he was in the prime of life, and in full possession of all his faculties. It was after sunset, but light enough to distinguish a man two or three blocks away and to recognize one a block away.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. Appellee was on foot and- without impediment, in age he was in the prime of life, and in full possession of all his faculties. It was after sunset, but light enough to distinguish a man two or three blocks away and to recognize one a block away. The track was straight for miles in the direction from which the train came, almost perfectly level for a thousand feet, and there was no obstruction of any kind intervening to obstruct the view. Under these circumstances, to accept appellee’s statement that .he stopped and looked and…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the plaintiff below to recover damages for personal injuries which he sustained by being struck and run over by one of defendant’s trains at a public crossing in the city of Brinkley. The jury returned a verdict in his favor and assessed his damages at $17,000. From the judgment entered upon that verdict, the defendant has prosecuted this appeal. In its motion for a new trial it sets forth a number of grounds why the judgment should be reversed, but on this appeal it only presses the following: (1) because there is not sufficient evidence to warrant a recovery…
2Cases cited10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. AdamsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
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3Cited by20 opinions
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- Stowers v. Union Pac. R. Co.Idaho Supreme Court · 1951
- Avery v. WardSupreme Court of Arkansas · 1996
- Avery v. WardSupreme Court of Arkansas · 1996
- Missouri Pac. Rr., Thompson, Trustee v. Dennis, Adm.Supreme Court of Arkansas · 1942
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