St. Louis, Iron Mountain & Southern Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R.E. Jeffery, Judge; STATEMENT BY THE COURT. J. H. Smith, sued the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries alleged to have been sustained by him while driving over its railroad at a public crossing. He alleges that his injuries were caused by the negligence of the defendant in maintaining the crossing.
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Appeal from Lawrence Circuit Court, Eastern District; R.E. Jeffery, Judge; STATEMENT BY THE COURT. J. H. Smith, sued the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries alleged to have been sustained by him while driving over its railroad at a public crossing. He alleges that his injuries were caused by the negligence of the defendant in maintaining the crossing. The facts are as follows: Near plaintiff’s home in Independence County, there is a public road which crosses the defendant’s line of railroad. The public road does not run straight across the…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) It is strongly insisted by counsel for the defendant company that the evidence was not sufficient to warrant the verdict. The law applicable to oases of this kind is clearly stated in the Am. & Eng. Ene. of Law (2 ed.), volume 8, p. 363, as follows: “It is the duty of every railroad company •properly to construct and maintain crossings over all public highways on the line of its road in such manner that' the same shall be safe and convenient to travelers, so far as it can do so without interfering with the safe operation of the road. ’ ’
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2Cases cited1 opinion
- Whitby v. Baltimore, Chesapeake & Atlantic Ry. Co.Court of Appeals of Maryland · 1903
3Cited by15 opinions
- Payne v. StocktonSupreme Court of Arkansas · 1921
- Hickey v. Kansas City Southern Railway CompanySupreme Court of Missouri · 1956
- Welchlin v. Fairmont Railway MotorsSupreme Court of Minnesota · 1930
- Chicago, Rock Island & Pacific Railway Co. v. ReddingSupreme Court of Arkansas · 1916
- Missouri Pac. R.R., Thompson, Trustee v. WrightSupreme Court of Arkansas · 1939
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