St. Louis, Iron Mountain & Southern Railway Co. v. Morgan
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought suit for damages for personal injuries, alleged to have been caused by the negligence of the railroad company in running him down and striking him with one of its trains, while he was attempting to remove a speeder from the track and after discovering his perilous position.
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought suit for damages for personal injuries, alleged to have been caused by the negligence of the railroad company in running him down and striking him with one of its trains, while he was attempting to remove a speeder from the track and after discovering his perilous position. The answer denied any negligence on the part of the railroad company, plead assumption of risk and contributory negligence of appellee and also set up a settlement and release of the company from liability, executed by…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted by appellant that there is no testimony sufficient to warrant a verdict against it, nor to avoid the release executed by appellee upon a settlement of his claim for damages for the injury inflicted.
It was the duty of appellee to keep the track in condition for the passage of trains, to take notice of the operation of all trains upon the road, so far as the observation of them was necessary to the performance of his duty and the protection of himself and his men and to keep the track clear and free of obstructions for the operation of trains…
2Cases cited3 opinions
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co v. WatsonSupreme Court of Arkansas · 1911
3Cited by9 opinions
- Skagerberg v. Blandin Paper Co.Supreme Court of Minnesota · 1936
- F. S. Royster Guano Co. v. HallCourt of Appeals for the Fourth Circuit · 1934
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1914
- Lamden v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- Ingram v. Dallas County Water Control & Improvement District No. 7Court of Appeals of Texas · 1968
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