Arkansas & Louisiana Railway Co. v. Graves
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. The statutory duty to give signals for the protection of persons at highway crossings does not apply to any except public highways, and if, in this case, there was a failure to give signals, it was not negligence. Kirby’s Dig. § 6595; 3 Yeates (Pa.) 417, 421; 3 Ore. 97; 8 Pac. 907; 7 N. Y. Sup.
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Appeal from Howard Circuit Court; James S. Steel, Judge; 1. The statutory duty to give signals for the protection of persons at highway crossings does not apply to any except public highways, and if, in this case, there was a failure to give signals, it was not negligence. Kirby’s Dig. § 6595; 3 Yeates (Pa.) 417, 421; 3 Ore. 97; 8 Pac. 907; 7 N. Y. Sup. Ct. 289, 312; 7 Pick, (Mass.) 162, 164; 3 Elliott, Railroads, 335, § 1158; 64 N. Y. 535; 189 111. 559; 62 Md. 479. 2. The use which the evidence shows was made of the place as a crossing did not make it a public or highway crossing, nor give…
1Opinion of the CourtMcICueeoch, C. J.
Plaintiff J. F. Graves instituted this action against defendant railway company to recover compensation for injuries alleged to have been sustained by being knocked down by one of defendant’s trains while he was crossing the tracks near the depot at Nashville, Ark. Negligence of the company’s servants is alleged in failing to keep a lookout, and in failing to give signals by bell or whistle. Plaintiff was crossing a side track at 'the southwest corner of the depot platform, and was struck by a freight car against which an engine backed and set in motion while being coupled to the train. There…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DillardSupreme Court of Arkansas · 1906
- Missouri & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1908
- Moody v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Coca-Cola Bottling Co. of Blytheville v. DoudSupreme Court of Arkansas · 1934
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Mary Ellen Scoville, Administratrix of the Estate of Thomas W. Scoville, Jr., Deceased v. Missouri Pacific Railroad Company, Robert King, Administrator of the Estate of Angela King, Deceased v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1972
- St. Louis, Iron Mountain & Southern Railway Co. v. PrinceSupreme Court of Arkansas · 1911
8 more not listed; retrieve them via the Exa API.