St. Louis Southwestern Railway Co. v. Jackson
Supreme Court of Arkansas
Appeal from Green Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. At-the town of Rector in Clay County, Arkansas, appellant has a main line track and a passing side track running parallel with the main line for nearly a mile and being about nine feet apart. The space between the tracks south of town had been used continuously by pedestrians since the railroad was built.
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Appeal from Green Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. At-the town of Rector in Clay County, Arkansas, appellant has a main line track and a passing side track running parallel with the main line for nearly a mile and being about nine feet apart. The space between the tracks south of town had been used continuously by pedestrians since the railroad was built. Appellee about six o’clock in the afternoon was walking south along the footpath between appellant’s tracks. He saw south of him on the main line a freight train standing still some three hundred yards 'distant with…
1Opinion of the Court
Wood, J.,
(.after stating the facts.) The undisputed evidence shows that appellee knew when he was walking between the tracks that there was a train on the main line south of him. It was but a short distance away, and he could see it plainly. But, after first looking and seeing the train, he turned his attention to. the engine which was passing him on the side track, and did not look to see the movements of the train on the main line. He moved over so near to the main line track that a casual glance would have shown him that he was too near this track for the train that was south to pass him…
2Cases cited14 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis & San Francisco Railroad v. FerrellSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
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3Cited by3 opinions
- Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
- Graysonia-Nashville Lumber Co. v. WhitesellSupreme Court of Arkansas · 1911