Adams v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conway, Judge; 1. Plaintiff was a licensee and not a trespasser, and defendant owed him a public or a quasi public duty. 20 Am. & Eng. R. Cases (N. S.), 372; 34 Id. (O. S.), 13; 19 Id. (N. S.), 236; 70 Tex. 530; 104 N. Y. 362; 11 Am. & Eng.
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Appeal from Miller Circuit Court; Joel D. Conway, Judge; 1. Plaintiff was a licensee and not a trespasser, and defendant owed him a public or a quasi public duty. 20 Am. & Eng. R. Cases (N. S.), 372; 34 Id. (O. S.), 13; 19 Id. (N. S.), 236; 70 Tex. 530; 104 N. Y. 362; 11 Am. & Eng. R. Cases, 829 and notes. 2. After discovering plaintiff in a perilous position it was the duty of defendant’s employees to avoid injuring him, and if necessary to stop the train. 46 Ark. 573; 49 Id. 257; 50 Id. 4'77. 3. It is negligence per se for a railway to run its trains at a high rate of speed through a…
1Opinion of the CourtBattue, J.
In the -month of September, 1904, while Thomas Adams was walking across a trestle about one hundred feet long and twenty feet high at the highest point, in the railroad of the St. Louis, Iron Mountain & Southern Railway Company, near the city of Texarkana, in this State, a passenger train of the company ran against and injured him. He was .at the time a trepasser upon the trestle. He had no right to be there. It was constructed solely for the running of the cars and trains of the railroad company, and the fact that persons did walk upon it, however frequently, did not change its character and…
2Cases cited7 opinions
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Stevens v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Moody v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
- Graysonia-Nashville Lumber Co. v. WhitesellSupreme Court of Arkansas · 1911
7 more not listed; retrieve them via the Exa API.