Burns v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. George M. Chapline, Judge. statement by the court. On the 14th day of October, 1901, appellant was conducting a hay, farming implement, and lumber business at Stuttgart. This business brought him often to appellee’s depot at Stuttgart, where he had barns on each side of the numerous switches of appellee at the depot, and wagon scales between the barns where hay and other farm products were weighed.
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Appeal from Monroe Circuit Court. George M. Chapline, Judge. statement by the court. On the 14th day of October, 1901, appellant was conducting a hay, farming implement, and lumber business at Stuttgart. This business brought him often to appellee’s depot at Stuttgart, where he had barns on each side of the numerous switches of appellee at the depot, and wagon scales between the barns where hay and other farm products were weighed. He often daily passed over the many switches, as well as the “main” and “passing” track at the depot. On the day appellant was injured, to use the language of his…
1Opinion of the Court
Wood, J.,
(after stating the facts.) It is unnecessary to discuss the evidence at length. The appellant was guilty of con-tributary negligence, according to the undisputed facts, and it was the plain duty of the court to declare as matter of law that appellant had no cause of action. On the question of contributory negligence, this was the testimony of appellant himself, as abstracted by his counsel:
“He started from the depot to go to a pair of scales to weigh a load of hay, and he was on what is called the 'passing track/ and, remembering that a freight train was at the tank just northeast of…
2Cases cited9 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TuckaSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. BryantSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.