St. Louis & San Francisco Railroad v. Williams
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; leptha H. Evans, Judge; 1. A railroad company’s use of its right of way at all places • other than public crossings is exclusive at all times and for all purposes. 49 Ark. 257, 263; 2 Am. & Eng. R. Cas. 4-6; 76 Am. St. Rep. 163; 20 S. W. 380; 7 Fed. 78; 45 Am. Rep. 365; 8 Am. & Eng.
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Appeal from Crawford Circuit Court; leptha H. Evans, Judge; 1. A railroad company’s use of its right of way at all places • other than public crossings is exclusive at all times and for all purposes. 49 Ark. 257, 263; 2 Am. & Eng. R. Cas. 4-6; 76 Am. St. Rep. 163; 20 S. W. 380; 7 Fed. 78; 45 Am. Rep. 365; 8 Am. & Eng. R. Cas. 217; 70 Atl. 826. 2. A railroad company owes no duty to a trespasser on its track and right of way except not to wantonly injure him after his presence has been discovered. 123 S. W. 1182; 69 Ark. 380; 64 Ark. 364; 62 Ark. 235. An infant may trespass as well as an adult,…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. C. Williams, then 11 years of age, was injured by the explosion of a torpedo picked up on the- railroad track of defendant by his younger brother, Ellis Williams, and sues to recover damages. The boys lived with their parents a short distance from the railroad track in the city of' Fayetteville, Ark. They saw the brakeman of a train place the torpedo on the track, and the younger one went out on the track, and picked it up, and carried it to plaintiff, requesting him to “mash it,” which he proceeded to do, placing it on a rock and striking it with an axe. Some of the…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1895
- Olson v. Gill Home Investment Co.Washington Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
- Foster v. LuskSupreme Court of Arkansas · 1917
- Arkansas Power & Light Co. v. MarshSupreme Court of Arkansas · 1938
- Sanders v. BairdSupreme Court of Arkansas · 1938
7 more not listed; retrieve them via the Exa API.