Hot Springs Street Railway Co. v. Johnson
Supreme Court of Arkansas
Appeal from Garlaud Circuit, Court. Alexander M. Duefie, Judge. The plaintiff was guilty of contributory negligence; and such negligence bars his recovery, notwithstanding it may appear that the appellant either did discover him, or might have, by the exercise of the diligence required by the “lookout” statute, discovered him in time to avoid the accident. 62 Ark. 124; Patterson’s Ry. Acc.
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Appeal from Garlaud Circuit, Court. Alexander M. Duefie, Judge. The plaintiff was guilty of contributory negligence; and such negligence bars his recovery, notwithstanding it may appear that the appellant either did discover him, or might have, by the exercise of the diligence required by the “lookout” statute, discovered him in time to avoid the accident. 62 Ark. 124; Patterson’s Ry. Acc. Law, §§ 174—5; 95 U. S. 191; ib. 697; 114 U. S. 615; 149 Mass. 127; 113 N. Y. 667; Whitt. Smith, Neg. 314; 2 Wood, Railways (Minor’s Ed.), 1518; Beach, Cont. Neg. 447-453; Thomp. Neg. 1236; 102 Pa. St. 425;…
1Opinion of the CourtWood, J.
This appeal is from a judgment for damages obtained by appellee against appellant for personal injuries received through the alleged negligence of appellant in running upon appellee with one of its electric cars. There were two defenses, namely, the contributory negligence of appellee, and settlement of his demand.
The evidence justified instructions on negligence and contributory negligence. The court gave the following, at the request of appellee: “Though you may find from the evidence that plaintiff was to some extent negligent, yet if the defendant did discover, or, by reasonable…
2Cases cited2 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Johnson v. StewartSupreme Court of Arkansas · 1896
3Cited by10 opinions
- Arkansas Power & Light Co. v. ConnellySupreme Court of Arkansas · 1932
- Herrick v. Washington Water Power Co.Washington Supreme Court · 1913
- Pankey v. Little Rock Railway & Electric Co.Supreme Court of Arkansas · 1915
- Barry v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Arkansas · 1906
- Chicago City Railway Co. v. SoszynskiAppellate Court of Illinois · 1907
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