St. Louis, Iron Mountain & Southern Railway Co. v. Spillers
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The appellee, a seventeen-year-old boy, came from Louisiana to Dexter, Arkansas. He sat down by the side of a oattle guard at night to rest a little while and went to sleep. He sat down on the second cross-tie. He was on the right side going toward® Pine Bluff. He indicated how he was sitting. He did not know when he went to sleep. The next thing he knew was when the train hit him.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The appellee, a seventeen-year-old boy, came from Louisiana to Dexter, Arkansas. He sat down by the side of a oattle guard at night to rest a little while and went to sleep. He sat down on the second cross-tie. He was on the right side going toward® Pine Bluff. He indicated how he was sitting. He did not know when he went to sleep. The next thing he knew was when the train hit him. He did not hear any whistle or bell or anything. The train did not stop. There was a roa'd crossing the track at that point. He described…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The testimony of the engineer and fireman, employees in charge of appellant’s train, upon whose alleged negligence the liability of appellant to appellee was predicated, is perfectly reasonable and consistent. Their testimony was uncontradicted, and the jury had no right to arbitrarily disregard the same. St. Louis, I. M. & S. Ry. Co. v. Humbert, 101 Ark. 532, and eases there oited.(2) The undisputed testimony shows that appellee was a trespasser, and that the engineer and fireman, at the time of his injury, were keeping the lookout required by the…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. BelcherSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. HumbertSupreme Court of Arkansas · 1911
3Cited by6 opinions
- Giles v. StateSupreme Court of Arkansas · 1977
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Porter v. ScullinSupreme Court of Arkansas · 1917
- Petherbridge v. Princess Anne CountySupreme Court of Virginia · 1923
- Kentucky Home Life Insurance v. MosleySupreme Court of Arkansas · 1936
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