Fort Smith & Western Railway Co. v. Messek
Supreme Court of Arkansas
Appeal from Sebastian Circuit iCourt, Fort Smith District; Daniel Hon, Judge; By the allegations of his complaint and his own testimony appellee has shown that the injury resulted from his own negligence. 61 Ark. 556; 65 Ark. 236; 69 Ark. 139; 49 k. 458; 64 Ark. 363; Id. 360; 61 Ark. 620; 79 Ark. 228; 80 Ark. 188; 91 Ark. 18; 94 Ark. 524; 95 Ark. 190; 127 S. W. (Ark.) 715; 65 Ark. 239; 84 Ark. 275; 125 N. Y. 407; 103 Ind. 312; 9 Fed. 867; 95 U. S. 542; 60 N. W. 57'; 128 Ind.…
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Appeal from Sebastian Circuit iCourt, Fort Smith District; Daniel Hon, Judge; By the allegations of his complaint and his own testimony appellee has shown that the injury resulted from his own negligence. 61 Ark. 556; 65 Ark. 236; 69 Ark. 139; 49 k. 458; 64 Ark. 363; Id. 360; 61 Ark. 620; 79 Ark. 228; 80 Ark. 188; 91 Ark. 18; 94 Ark. 524; 95 Ark. 190; 127 S. W. (Ark.) 715; 65 Ark. 239; 84 Ark. 275; 125 N. Y. 407; 103 Ind. 312; 9 Fed. 867; 95 U. S. 542; 60 N. W. 57'; 128 Ind. 138; 105 Mass. 77; 24 Atl. 747; 42 N. W. 24; 7.5 N. Y. 273; 25 Mich. 274.
1Opinion of the CourtHart, J.
John Messek brought this action against the Fort Smith & Western Railway Gompany to recover damages for personal injuries sustained by himself, alleged to have been caused by reason of having been struck by one of defendant’s engines on a public crossing in tire city of Fort .Stnith. The defendant answered, denying negligence on its part and pleading contributory negligence on the part of the plaintiff. There was a jury trial, resulting in a verdict and judgment for plaintiff, from which this appeal is prosecuted.
The first assignment of error (and to our minds the most serious question in the…
2Cases cited4 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
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- Missouri Pacific Railroad Company v. McDanielSupreme Court of Arkansas · 1972
- Walloch v. HeidenSupreme Court of Arkansas · 1930
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