St. Louis Southwestern Railway Co. v. Douglas
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; Under the facts sdiown in evidence, the train operatives had the right to presume that appellee would get out of the way, until they saw him, or .shonld have seen him, in the attitude of preparing to write; ¡and, when that occurred, it was entirely too late to prevent the injury. 90 Ark. 403; 107 Ark. 218, 220. There is mo denial that, while the train was running a distance of about 900 feet, the appellee was…
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Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; Under the facts sdiown in evidence, the train operatives had the right to presume that appellee would get out of the way, until they saw him, or .shonld have seen him, in the attitude of preparing to write; ¡and, when that occurred, it was entirely too late to prevent the injury. 90 Ark. 403; 107 Ark. 218, 220. There is mo denial that, while the train was running a distance of about 900 feet, the appellee was engaged in earnest conversation with ¡another man, during which time he was ¡standing at the same place, and in the s-ame…
1Opinion of the CourtSmith, J.
Appellee, a traveling salesman, and long accustomed to travel, was ¡struck by the pilot beam of a locomotive drawing one of ¡appellant’s ¡passenger trains at Camden on October 2,1913. Appellee was .severely injured 'and no complaint is made as to the excessiveness of the judgment covered. At the time of his injury ap-pellee was at the depot to take passage on this train, which was reported a little late. He was standing in front of the depot, opposite the white waiting room door, and about the west nail of the track. He saw the train coming, and started to get his grips, when 'he met ;an old…
2Cited by5 opinions
- Sease v. StateSupreme Court of Arkansas · 1922
- Wash., B. A.R. Co. v. StateCourt of Appeals of Maryland · 1922
- Foreman Trust & Savings Bank v. Chicago Rapid Transit Co.Appellate Court of Illinois · 1929
- Adler v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1926
- Washington, Baltimore & Annapolis Railroad v. State ex rel. GoodwinCourt of Appeals of Maryland · 1922