St. Louis, Iron Mountain & Southern Railway Co. v. Coleman
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Bvms, Judge; The court should have directed a verdict for appellant. Deceased was a trespasser when he elected to cross the tracks of the appellant company at a point other than one of the crossings provided 'by appellant as required by statute, Kirby’s Di-g., § 6681, as amended by act approved February 14, 1905. 83 Ark. 301. He was also guilty of contributory negligence, such as to bar recovery, as appears by all the testimony,…
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Appeal from Crawford Circuit Court; Jeptha H. Bvms, Judge; The court should have directed a verdict for appellant. Deceased was a trespasser when he elected to cross the tracks of the appellant company at a point other than one of the crossings provided 'by appellant as required by statute, Kirby’s Di-g., § 6681, as amended by act approved February 14, 1905. 83 Ark. 301. He was also guilty of contributory negligence, such as to bar recovery, as appears by all the testimony, the circumstances, his knowledge of the movements of the trains at this point, his failure to look in the direction from…
1Opinion of the CourtMcCurroch, C. J.
Plaintiff, A. B. Coleman, as administrator of the estate of W. E. Coleman, deceased, sues the St. Louis, Iron Mountain & Southern Railway Company to recover damages sustained by reason of the death of his intestate, which the complaint alleged resulted from the negligence of defendant’s servants in the operation of a train. W. E. Coleman was run over and killed by the engine and caboose of a work train on one of the main tracks within the city of Little Rock. He was attempting to cross the tracks along a path between' Fifteenth and Sixteenth streets which, according to the testimony, had been…
2Cases cited4 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
3Cited by26 opinions
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Bussell v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1964
- Cecil Powers v. Continental Casualty Company and St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eighth Circuit · 1962
- State v. HudspethSupreme Court of Arkansas · 1935
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
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