Memphis, Dallas & Gulf Railroad v. Thompson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Appellee was not entitled to recover anything because of contributory negligence of the deceased. Neither he nor his driver stopped, looked nor listened for the train at the crossing, nor exercised care or diligence to discover a train where the track was plainly in view and open and unobstructed.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Appellee was not entitled to recover anything because of contributory negligence of the deceased. Neither he nor his driver stopped, looked nor listened for the train at the crossing, nor exercised care or diligence to discover a train where the track was plainly in view and open and unobstructed. Such negligence precludes a recovery. 10 N. E. 128; 5 N. Y. S. 574; 54 Ark. 431; 56 Id. 459; 59 Id. 129; 61 Id. 559; 62 Id. 158, 250; 65 Id. 239; 76 Id. 14, 22b; 78 Id. 359; 81 Id. 326; 82 Id. 444; 92 Id. 443; 94 Id. 529; 99 Id. 170; 100 Id.…
1Opinion of the CourtHumphreys, J.
On January 15, 1918, appellee, as administrator, for the benefit of both the estate and next of kin of Braden Thompson, deceased, instituted suit against appellant in the Garland Circuit Court, to recover damages on account of the killing of Braden Thompson on January 1,1918, at a point where appellant’s railroad crossed a public road in Garland County, near the Gardner ferry or bridge. It was alleged in the complaint that appellantl’s employees wrongfully, carelessly and negligently ran its passenger train across said public road crossing at an unusual speed and failed to ring the bell or…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. DrewSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1906
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3Cited by3 opinions
- St. Louis S.W. Ry. Co. v. Braswell, AdministratorSupreme Court of Arkansas · 1939
- Mo. Pac. Ry. Co., Thompson v. Shell, Admx.Supreme Court of Arkansas · 1945
- Pennington v. KarcherSupreme Court of Arkansas · 1926