St. Louis, I. M. & S. Railway Co. v. Freeman
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. Plaintiff should have used ordinary care. Shearman 8p Red. on Negligence, secs. 29, 30, 32, 33; 72 Penn. St., 169; 24 Ohio St., 670; 49 Ind., 104. It is per se negligence to leave a child unprotected in danger from the railroad. 4 Allen, 283; 57 Penn. St., 172; 21 Wend., 615. • Doctrine of contributory negligence does not depend on comparison. 21 Iowa, 15; 32 ib., 467; 23 Conn., 437; 33 JV.
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. Plaintiff should have used ordinary care. Shearman 8p Red. on Negligence, secs. 29, 30, 32, 33; 72 Penn. St., 169; 24 Ohio St., 670; 49 Ind., 104. It is per se negligence to leave a child unprotected in danger from the railroad. 4 Allen, 283; 57 Penn. St., 172; 21 Wend., 615. • Doctrine of contributory negligence does not depend on comparison. 21 Iowa, 15; 32 ib., 467; 23 Conn., 437; 33 JV. J. Laxo, 434; 49 Penn. St, 186; 22 Wis., 245 ; 5 MU (N. Y.), 282; 24 N. Y., 430. Where it ceases to operate. Shear. $ Med. on Neg., sec.…
1Opinion of the CourtEakin, J.
The facts in this case are peculiar. An empty train of the appellant, railway company, consisting of the engine, tender and several ears, was running on irregular time, moderately, on a down grade, keeping a lookout for a regular train to avoid collision. Some four or five employees of the road were along. About one hundred yards in front of the engine an object was observed to crawl up on the track, from the weeds and cross-ties on one side. It resembled a hog so that they were all completely deceived. The alarm-whistle, usual in such cases, was given, and the brakes were applied, so as to…
2Cited by23 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Morel v. LeeSupreme Court of Arkansas · 1930
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