St. L., I. M. & S. Ry. v. Monday
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. F. T. Vaughan, Judge. 1. Plaintiff being a trespasser upon the defendant’s railway track, the railway company owed him no duty other than not, to wilfully or wantonly injure him after it or its servants discovered his dangerous position. He was guilty of contributory negligence, which will defeat a recovery. 23 Pa. St., 147; 11 East., 60; Ry. v. Ledbetter, 43 Ark.; 41 Ark., 34g; id., 321; 36 id., 377; id., 30-1; Beach Cont.
Read the full summary
APPEAL from Pulaski Circuit Court. F. T. Vaughan, Judge. 1. Plaintiff being a trespasser upon the defendant’s railway track, the railway company owed him no duty other than not, to wilfully or wantonly injure him after it or its servants discovered his dangerous position. He was guilty of contributory negligence, which will defeat a recovery. 23 Pa. St., 147; 11 East., 60; Ry. v. Ledbetter, 43 Ark.; 41 Ark., 34g; id., 321; 36 id., 377; id., 30-1; Beach Cont. Neg.; ig Ga., 442-7; 18 Pa. St., 2g8; 24 id., 463. Where this rule prevails, only such aggravated negligence as amounts to intentional…
1Opinion of the CourtSmith, J.
Monday brought this action of tort for personal injuries sustained by him while walking on the defendant's track. The answer denied negligence and averred contributory negligence in the plaintiff. The evidence tended to prove that the plaintiff was intoxicated and had set out at night to walk along the railroad track from one station to another; that after daylight he saw a train coming towards him, while it was yet distant three or four hundred yards; that he did not leave the track, but walked on about one hundred yards to a point where a neighborhood road intersected the track, intending…
2Cases cited11 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
- Baltimore & Ohio Railroad v. State ex rel. AllisonCourt of Appeals of Maryland · 1884
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- St. Louis & S. F. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1895
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Kansas City, Ft. S. & M. R. Co. v. CookCourt of Appeals for the Sixth Circuit · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
10 more not listed; retrieve them via the Exa API.