Arkansas Central Railway Co. v. Williams
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Bvans, Judge; The court should have directed a verdict for appellant, because of appellee’s contributor}'- negligence shown in the evidence. This is a case, according to the uncontradicted evidence, of a traveler approaching a railroad crossing with nothing to obstruct his view or to prevent his seeing an approaching train for three-quarters of a mile in the direction from which it was coming.
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Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Bvans, Judge; The court should have directed a verdict for appellant, because of appellee’s contributor}'- negligence shown in the evidence. This is a case, according to the uncontradicted evidence, of a traveler approaching a railroad crossing with nothing to obstruct his view or to prevent his seeing an approaching train for three-quarters of a mile in the direction from which it was coming. Had he exercised the care required by law, and exercised his faculties of seeing and hearing, he could not have failed to see and hear…
1Opinion of the CourtFrauenThar, J.
A. J. Williams, the plaintiff below, was struck by one of defendant’s trains while he was attempting to cross over its railroad tracks at a public crossing, and was painfully and severely injured. In his complaint he alleged that the injury was caused by defendant’s negligence, which consisted in failing to give the warning signal by bell or whistle of the train’s approach to the crossing as required by section 6595 of Kirby’s Digest. Defendant denied the allegations of negligence attributed to it, and pleaded contributory negligence on plaintiff’s part as a bar to any right to recover. The…
2Cases cited11 opinions
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
- Railway Co. v. CullenSupreme Court of Arkansas · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bush v. BrewerSupreme Court of Arkansas · 1918
- St. Louis-San Francisco Ry., Thompson v. PerrymanSupreme Court of Arkansas · 1948
- Davis v. HarefordSupreme Court of Arkansas · 1922
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. HutchinsonSupreme Court of Arkansas · 1912
4 more not listed; retrieve them via the Exa API.