Bain v. Fort Smith Light & Traction Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. . The appellant was a United -States mail collector; and under an ordinance of the city of Fort Smith, in case of conflict, had the preferential right-of-way over the appellee in the use of the streets.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. . The appellant was a United -States mail collector; and under an ordinance of the city of Fort Smith, in case of conflict, had the preferential right-of-way over the appellee in the use of the streets. While in the 'discharge of his duties, he drove his cart to the mail box at Manhattan Cafe on Garrison Avenue, stopped the cart about four feet from the box, which was at the curb, gathered the mail from the box, and as he locked the box his horse started across the street, as he was in the…
1Opinion of the Court
Wood, J.,
(after stating the facts). I. The appellant asked the court to tell the jury in his prayer No. 4, that the city ordinance gave United States mail wagons when in use collecting mail the right-of-way, and that the appellant, as the driver of such wagon, had the right to assume that appellee’s motorman, if he discovered, or by the exercise of ordinary care would have discovered, the approach of the mail wagon, to accord it and the driver the right-of-way. The court refused this prayer, but instructed the jury as follows:
“The motorman and the driver of the mail wagon are presumed to have…
2Cases cited33 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
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3Cited by33 opinions
- City of Little Rock v. RainesSupreme Court of Arkansas · 1967
- McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
- Davis v. RodmanSupreme Court of Arkansas · 1921
- City of Argenta v. KeathSupreme Court of Arkansas · 1917
- Mays v. Ritchie Grocer CompanySupreme Court of Arkansas · 1928
28 more not listed; retrieve them via the Exa API.