Martin v. Little Rock & Fort Smith Railway Co.
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. Action by Robert S. Martin against the railway company for injuries received by him while about to cross its track. He alleged that the injuries were occasioned by the negligence of the employees in charge of train of defendant company. *The railway company denied negligence, and alleged that the injury of plaintiff was caused by his own carelessness.
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Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. Action by Robert S. Martin against the railway company for injuries received by him while about to cross its track. He alleged that the injuries were occasioned by the negligence of the employees in charge of train of defendant company. *The railway company denied negligence, and alleged that the injury of plaintiff was caused by his own carelessness. The plaintiff, to sustain his case, testified as follows: “About 9 o’clock a. m. March 3, 1894, I wanted to cross the railroad track of defendants at a…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We agree with counsel for appellee that this case comes within the rule laid down in Railway Co. v. Cullen, 54 Ark. 431, and again in Railway Co. v. Tippett, 56 Ark. 459. The question for the trial court was whether, assuming the testimony and all the inferences legitimately deducible from it as true,- the jury would be justified in finding a verdict for plaintiff. Patterson’s Railway Accident Law, sec. 175. He answered this question in the negative, and directed a verdict for defendant, and we concur in his ruling. “A traveler approaching a railroad…
2Cases cited3 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Railway Co. v. CullenSupreme Court of Arkansas · 1891
3Cited by10 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Clark v. Union Pac. R. Co.Utah Supreme Court · 1927
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
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