St. Louis, Iron Mountain & Southern Railway Co. v. Neely
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court. Marcus L. Hawkins, Judge. The accident happened upon the premises and right of way of defendant. Neely .was a trespasser, and negligence must be alleged and proved. The only duty on the company was to avoid injury after discovering that he had placed himself in a position of peril.
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Appeal from Cleveland Circuit Court. Marcus L. Hawkins, Judge. The accident happened upon the premises and right of way of defendant. Neely .was a trespasser, and negligence must be alleged and proved. The only duty on the company was to avoid injury after discovering that he had placed himself in a position of peril. All the cases absolve defendant from negligence where there was no scienter, no information or knowledge to put defendant on notice of the probability of an accident occurring. 64 Iowa, 762; 28 A. & E. R. R. Cas. 404; 3 id. 498; 29 Oh. St. 364; 8 A. & E. R. Cas. 544; 59 Pa. St.…
1Opinion of the CourtBattle, J.
On the 21st of December, 1893, the St. Louis, Iron Mountain & Southern Railway Company was operating and moving one of its freight trains on and along Elm street in the town of Warren, in this state. At this time James F. Neely was returning from his residence to his office on the same street. While the freight train was passing him, a car door fell upon him from its place in a car in the train, and inflicted a serious injury. For the damages suffered from this injury he brought an action against the railway company, and recovered a judgment for $500; and defendant appealed.
Two legal…
2Cases cited5 opinions
- Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Bryson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1894
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- Tilley v. St. L. & San Francisco Ry. Co.Supreme Court of Arkansas · 1887
3Cited by20 opinions
- Hines v. SweeneyWyoming Supreme Court · 1921
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. ClemonsSupreme Court of Arkansas · 1967
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
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