St. Louis, Iron Mountain & Southern Railway Co. v. Roddy
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. E. Evcms, Judge; STATEMENT BY THE COURT. Appellee instituted this suit as administratrix of W. R. Roddy, her deceased husband, and in her complaint she alleged that her intestate was killed on the 29th day of May, 1911, by the negligent operation of one of appellant’s trains at Portland, in this State.
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Appeal from Hot Spring Circuit Court; W. E. Evcms, Judge; STATEMENT BY THE COURT. Appellee instituted this suit as administratrix of W. R. Roddy, her deceased husband, and in her complaint she alleged that her intestate was killed on the 29th day of May, 1911, by the negligent operation of one of appellant’s trains at Portland, in this State. The negligence was alleged to have consisted in a failure to keep a lookout, and a failure to give signals at a public street crossing. The answer denied that appellant had been guilty of any negligence in the operation of its train by failure to keep a…
1Opinion of the Court
Smith, J.,
(after stating the facts). The court gave the jury a number of instructions on the question of contributory negligence, but, we think, under the facts here stated, the jury should have been told, as a matter of law, that deceased was guilty of contributory negligence. Circumstances might be such that a traveler at a crossing would be under no absolute duty to look and listen, and a number of cases discuss the exceptions to the rule requiring one to look and listen, and where the traveler comes within any exception excusing him from the performance of this absolute duty, the jury may…
2Cases cited6 opinions
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Johnson v. StewartSupreme Court of Arkansas · 1896
- Kansas City Southern Railway Co. v. DrewSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. ChamberlainSupreme Court of Arkansas · 1912
- Chitwood v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Crowe v. Security Mortgage Co.Supreme Court of Arkansas · 1928
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
- Louisiana & Arkansas Railway Co. v. WoodsonSupreme Court of Arkansas · 1917
- Hines v. BettsSupreme Court of Arkansas · 1920
- School Districts Nos. 41 v. Pope County Board of EducationSupreme Court of Arkansas · 1928