Russell v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; statement by the court. Appellant’s intestate, S. Z. Kimball, was killed by a north-bound passenger train upon appellee’s railroad, at the station of Waldo, at which place the railroad tracks run practically east and west, and the train which killed him was running east. The last seen of deceased prior to his death was at the Skinner Hotel, about ten minutes before the arrival of the train.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; statement by the court. Appellant’s intestate, S. Z. Kimball, was killed by a north-bound passenger train upon appellee’s railroad, at the station of Waldo, at which place the railroad tracks run practically east and west, and the train which killed him was running east. The last seen of deceased prior to his death was at the Skinner Hotel, about ten minutes before the arrival of the train. This hotel is situated about fifty feet north of the depot, but to reach the depot from this hotel one must go west, on a sidewalk, for about 100…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the verdict was properly directed in this ease. It is true that, under the lookout statute, approved May 26, .1911, it is made the duty of all persons running trains to keep a constant lookout for persons and property upon the track of any railroad, and if any person or property shall be killed or injured by the neglect of any employee of any railroad to keep such lookout, the company operating such railroad is liable and responsible for all damages resulting from the neglect to keep such lookout; and this is true, notwithstanding the contributory…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. BryantSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. GunnSupreme Court of Arkansas · 1914
- Burch v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
3Cited by17 opinions
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Meador v. Nashville, C. & St. L. Ry.Tennessee Supreme Court · 1941
- St. Louis, Iron Mountain & Southern Railway Co. v. BelcherSupreme Court of Arkansas · 1915
- The Coca-Cola Bottling Company v. WoodSupreme Court of Arkansas · 1939
- St. Louis, Iron Mountain & Southern Railway Co. v. ElrodSupreme Court of Arkansas · 1915
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