St. Louis, Iron Mountain & Southern Railway Co. v. Leathers
Supreme Court of Arkansas
Appeal from White Circuit Court. Grant Green, Jr., Judge. 1. This case is similar to 56 Ark. 457; 54 id. 431 and Railway Co. v. Martin, ante p. 15.6, and the contributory negligence of deceased was a complete bar.
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Appeal from White Circuit Court. Grant Green, Jr., Judge. 1. This case is similar to 56 Ark. 457; 54 id. 431 and Railway Co. v. Martin, ante p. 15.6, and the contributory negligence of deceased was a complete bar. Besides he was an employee of the company, was fully aware, and had been duly cautioned of the danger of passing through the yards. 46 Ark. 396, 404; 106 Mass. 461. 2. The court erred in modifying instructions 4, 5 and 6. The addition to the 4th instruction simply eliminates the defense of contributory negligence, and entitled the plaintiff to recover if they found no lookout was…
1Opinion of the Court
Hughes,
J. This is an appeal from a judgment against the railway company for damages for killing a twelve-year old son of the appellee, while attempting to cross the railroad track in front of a train, which was backing at the time it struck the boy, with no one on the end of the train next to the deceased to keep a lookout.
The boy was attempting to cross at a crossing obstructed by a train of the appellant company. The view from the backing train, that struck him, to a point beyond where he was killed, was open and unobstructed. The fireman and engineer of the train that killed him testified…
2Cases cited5 opinions
- M. & L. R. R. R. v. KerrSupreme Court of Arkansas · 1889
- St. L., I. M. & S. Ry. v. MondaySupreme Court of Arkansas · 1887
- L. R. & F. S. Railway Co. v. FinleySupreme Court of Arkansas · 1881
- Sibley v. RatliffeSupreme Court of Arkansas · 1888
- L. R. & Ft. S. Railway v. HollandSupreme Court of Arkansas · 1883
3Cited by14 opinions
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1897
- St. Louis Southwestern Railway Co. v. CochranSupreme Court of Arkansas · 1906
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