Legal Opinion
Majors v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Decided May 9, 1910PublishedCited by 2 opinions
Appeal from Lee Circuit Court; Hance N. Hutton, Judge; A traveler who fails to look and listen in both directions before going upon a railway track is guilty of .contributory negligence. 69 Ark. 134; 65 Ark. 235; 76 Ark. 224. The testimony of the trainmen is consistent, • reasonable and uncontradicted, and cannot be disregarded. 81 Ark. 365.
1Opinion of the CourtBattle, J.
Henry Majors brought this action against the St. Louis, Iron Mountain & Southern Railway 'Company to recover damages caused by a collision of defendant’s engine with a wagon in which he was driving at the time. Plaintiff alleged that such- collision was the result of negligence committed by the defendant as follows:
“First. A failure to either ring a bell or sound a whistle for the public crossing where he was injured.
“Second. • In a failure to keep a lookout as the law requires.
“Third. In a wanton failure to ring a bell or sound a whistle or in any other manner warn the plaintiff after his…
2Cases cited2 opinions
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Crawford v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1909
3Cited by2 opinions
- Kansas City Southern Railway Co. v. DrewSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. RoddySupreme Court of Arkansas · 1913