Memphis, Dallas & Gulf Railroad v. Yandell
Supreme Court of Arkansas
Appeal from Hempstead 'Circuit Court; George R. Haynie, Judge; A verdict should have been directed for defendants. There was no evidence showing liability.
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Appeal from Hempstead 'Circuit Court; George R. Haynie, Judge; A verdict should have been directed for defendants. There was no evidence showing liability. The law is well settled and the court erred in its instructions. 38 Cyc. 1141; 88 Ark. 531; 101 Id. 43, 433; 105 Id. 184; Kirby’s Digest, § 6607 as amended by Act May 26, 1911. Appellee was bound to tbe exercise of ordinary or reasonable care, and if by the exercise of such care he could have seen the approach of the cars in time to have avoided the injury and failed to do so, no recovery could be had. The question of contributory…
1Opinion of the CourtHart, J.
Jim Yandell sued the Memphis, Dallas & Gulf Eailroad Company and St. Louis, Iron Mountain & Southern Eailroad 'Company, to recover damages for injuries received by him while loading a car on the side track of the defendants. The plaintiff charges that on the 5th day of March, 1915, while he was loading a car in the yards of the St. Louis, Iron Mountain & Southern Eailway Company at Glenwood, the employees of the Memphis, Dallas & ‘Gulf Eailroad Company, who were permitted to use the side tracks of its co-defendants for the purpose of switching its oars, negligently ran one of its engines…
2Cases cited4 opinions
- Little Rock & Hot Springs Western Railroad v. McQueeneySupreme Court of Arkansas · 1906
- Missouri & North Arkansas Railroad v. DuncanSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. ClementsSupreme Court of Arkansas · 1909
- Little Rock & Hot Springs Western Railroad v. CrossSupreme Court of Arkansas · 1906
3Cited by5 opinions
- DeQueen & Eastern Railroad v. PigueSupreme Court of Arkansas · 1918
- Malland v. SimsWashington Supreme Court · 1933
- St. Louis Southwestern Railway Co. v. BrummettSupreme Court of Arkansas · 1940
- Malland v. SimsWashington Supreme Court · 1933
- Missouri Pac. Rd. Co., Thompson v. YatesSupreme Court of Arkansas · 1941