Smith v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Dene H. Cole-mam, Judge; STATEMENT OF FACTS. John Smith sued the Missouri Pacific Eailroad Company for damages for injury to himself and to his automobile caused by a collision with one of the defendant’s trains at a public crossing in the town of Swifton, Arkansas.
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Appeal from Lawrence Circuit Court; Dene H. Cole-mam, Judge; STATEMENT OF FACTS. John Smith sued the Missouri Pacific Eailroad Company for damages for injury to himself and to his automobile caused by a collision with one of the defendant’s trains at a public crossing in the town of Swifton, Arkansas. The facts are as follows: On the 28th day of February, 1918, at about 9:30 o’clock in the morning, John Smith started across the railroad track at a public crossing north of the depot in the town of Swifton, Arkansas, in a seven-passenger automobile. A southbound train struck the hind wheel of…
1Opinion of the Court
HART, J.,
(after stating the facts). The only question necessary to consider on the appeal is whether the court erred in giving a peremptory instruction to find for the defendant. The action of the court in directing a verdict for the defendant was upon the theory that'under the facts disclosed the plaintiff was guilty of contributory negligence as a matter of law. No inflexible rule can be laid down as to when or under what circumstances a traveler at a public railroad crossing will be free from contributory negligence in going over the crossing; but each case must necessarily depend upon its…
2Cases cited4 opinions
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. RoddySupreme Court of Arkansas · 1913
3Cited by9 opinions
- Mary Ellen Scoville, Administratrix of the Estate of Thomas W. Scoville, Jr., Deceased v. Missouri Pacific Railroad Company, Robert King, Administrator of the Estate of Angela King, Deceased v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1972
- St. Louis-San Francisco Ry. Co. v. WhitfieldSupreme Court of Arkansas · 1922
- Mo. Pac. Ry. Co., Thompson v. Shell, Admx.Supreme Court of Arkansas · 1945
- Scoville v. Missouri Pacific RailroadCourt of Appeals for the Eighth Circuit · 1972
- Hines v. BettsSupreme Court of Arkansas · 1920
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