St. Louis & San Francisco Railroad Co. v. Crabtree
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jepiitha H. Evans, Judge. STATEMENT BY THE COURT. Plaintiffs team, frightened by a train, ran over him, and broke his arm. He sued for damages. On the trial the presiding judge refused to give the following instructions asked by defendant: “(8) It is the duty of one approaching a railroad track to look up and down the track as long as he approaches.
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Appeal from Crawford Circuit Court. Jepiitha H. Evans, Judge. STATEMENT BY THE COURT. Plaintiffs team, frightened by a train, ran over him, and broke his arm. He sued for damages. On the trial the presiding judge refused to give the following instructions asked by defendant: “(8) It is the duty of one approaching a railroad track to look up and down the track as long as he approaches. If the railroad was crooked, or through cuts and timber where the track cannot be seen for a great distance, it is incumbent on him to use the greater degree of caution, and to look as far as he can see; and, if…
1Opinion of the Court
RiddicK, J.,
(after stating the facts). This is an action for damages alleged to have been caused by the failure of the engineer of a railroad train to give the statutory signals for crossings. The plaintiff:, with a yoke of oxen and wagon, was approaching and about to cross defendant’s railway at a public crossing when, as he states, the train approached suddenly and without warning, and frightened the oxen, and injured him. The evidence tends to show that plaintiff was on the lookout for trains, but he was expecting a train from the south, which was about due, when the train that caused the…
2Cases cited6 opinions
- Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
- Magness v. StateSupreme Court of Arkansas · 1899
- Haines v. Illinois Central R.Supreme Court of Iowa · 1875
- Manuel v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Gerdine v. StateMississippi Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Circle J Dairy, Inc., and Cross-Appellant v. A.O. Smith Harvestore Products, Inc., and Southern Harvestore Systems, Inc., and Cross-AppelleesCourt of Appeals for the Eighth Circuit · 1986
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- Collier v. Citizens Coach Co.Supreme Court of Arkansas · 1959
- Western Coal & Mining Co. v. BurnsSupreme Court of Arkansas · 1907
- Beevers v. MillerSupreme Court of Arkansas · 1967
36 more not listed; retrieve them via the Exa API.