Burch v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. J. T. Burch, brought suit, as administrator, for damages for the death of his intestate, R. L. Burch, alleged to have been wrongfully caused by the negligence of the railway company.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. J. T. Burch, brought suit, as administrator, for damages for the death of his intestate, R. L. Burch, alleged to have been wrongfully caused by the negligence of the railway company. It was alleged that the deceased was a licensee, and on November 17, 1911, while in the discharge of bis duty as a lineman for tbe telegraph company, put bis speeder upon the railroad track in front of the station at Hoxie, for the purpose of going south, looking after the telegraph wires. That after he had gone…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Without regard to whether he was'a trespasser or a licensee upon its tracks, the railroad company owed the deceased the duty to keep a constant lookout to avoid injuring him, and his contributory negligence would not excuse its failure to discharge this duty, where if such lookout had been kept, his perilous position could' have been discovered in time to háve prevented the injury by the exercise of ordinary care. Acts 1911, p. 275; St. Louis, I. M. & S. Ry. Co. v. Gibson, 107 Ark. 431, 155 S. W. (Ark.) 510.
The undisputed testimony shows that the tracks at…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914