Adler v. St. Louis Southwestern Railway Co.

Hart, J.,

(after stating the facts). Under our statute it is the duty of the railroad to maintain a constant lookout, and if it appears that those in control of a train, in discharge of their statutory duty to keep a lookout, discovered or should have discovered a person upon or near the track in time to avert an injury to him, and failed to do so, the railroad becomes liable to him in damages, notwithstanding the fact of the contributory negligence of the person walking upon or near the track placed him in peril. Gregory v. Mo. Pac. Rd. Co., 168 Ark. 469; Davis v. Scott, 151 Ark. 34; and St.…