Bush v. Jenkins
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Turner Butter, Judge; 1. Plaintiff was not entitled to recover as no negligence was shown and plaintiff, himself, was negligent. 33 Cyc. 276; 64 Atl. 489; 46 S. W. 343; 46 Id. 113; 97 Ark. 437. 2. The instructions are erroneous. 1. There was no contributory negligence by plaintiff. The question of negligence was for the jury. 100 Ark. 53; 33 Cyc. 928. The railroad had assumed the duty of repairing and maintaining this crossing.
Read the full summary
Appeal from Chicot Circuit Court; Turner Butter, Judge; 1. Plaintiff was not entitled to recover as no negligence was shown and plaintiff, himself, was negligent. 33 Cyc. 276; 64 Atl. 489; 46 S. W. 343; 46 Id. 113; 97 Ark. 437. 2. The instructions are erroneous. 1. There was no contributory negligence by plaintiff. The question of negligence was for the jury. 100 Ark. 53; 33 Cyc. 928. The railroad had assumed the duty of repairing and maintaining this crossing. The injury was serious and the verdict is fully sustained by the evidence. 2. There is no error in the instructions. 33 Cyc. 265-6,…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Chi-cot Circuit Court on February 19, 1916, by appellee against appellant seeking to recover a thousand dollars on account of an injury received while driving a team and wagon loaded with cotton under appellant’s railway track or trestle where it crosses the public highway between the towns of Eudora and G-rand Lake. Appellee based his right to recover on the alleged negligent construction and maintenance of the crossing by appellant, in that the crossing was not of sufficient height to allow safe and suitable passage for the usual, ordinary traffic on the…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1915
- Chicago, Rock Island & Pacific Railway Co. v. ReddingSupreme Court of Arkansas · 1916
- Gray v. Borough of DanburySupreme Court of Connecticut · 1887
- Doniphan Lumber Co. v. HendersonSupreme Court of Arkansas · 1911
3Cited by7 opinions
- Wittrup v. Chicago & Northwestern Ry. Co.Supreme Court of Iowa · 1975
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
- Ark. Power & Light Co. v. McGowan, Admr.Supreme Court of Arkansas · 1956
- Arkansas-Missouri Power Co. v. DavisSupreme Court of Arkansas · 1953
- Chicago, Rock Island & Pacific Railway Co. v. JamesSupreme Court of Arkansas · 1936
2 more not listed; retrieve them via the Exa API.