Chicago, Rock Island & Pacific Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evcms, Judge; The court should have instructed the jury find for appellant. 54 Ark. 431; 56 Ark. 457; 61 Ark. 549; 62 Ark. 157; 65 Ark. 235; 78 Ark. 55; 88 Ark. 172; Id. 231; 37 Ark. 593; 71 Ark. 38. It is the duty of one approaching a railroad track to look both ways for trains. 69 Ark. 134. The evidence was sufficient to warrant a recovery. 74 Ark. 409; Id. 478. Appellant did not use proper care to avoid the injury after…
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Appeal from Hot Spring Circuit Court; W. H. Evcms, Judge; The court should have instructed the jury find for appellant. 54 Ark. 431; 56 Ark. 457; 61 Ark. 549; 62 Ark. 157; 65 Ark. 235; 78 Ark. 55; 88 Ark. 172; Id. 231; 37 Ark. 593; 71 Ark. 38. It is the duty of one approaching a railroad track to look both ways for trains. 69 Ark. 134. The evidence was sufficient to warrant a recovery. 74 Ark. 409; Id. 478. Appellant did not use proper care to avoid the injury after discovering the deceased. 80 Ark. 186. A general objection to several instructions in gross is not sufficient if any one of them…
1Opinion of the CourtFraubnthal, J.
On April 30, 1909, about 6 o’clock p. m., Isaac Smith was run over and killed by a train of the Chicago, Rock Island & Pacific Railway Company upon its main track at its depot in the city of Malvern. The appellee instituted this action to recover damages for his alleged negligent death,' and recovered a judgment for five hundred dollars. The defendant prosecutes this appeal from that judgment.
Upon the opposite side of the railroad track from the depot a public street runs next to and parallel with the track. Isaac Smith crossed over this street to the main track of the railroad, and stepped…
2Cases cited21 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
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. ThurmanSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. TuckaSupreme Court of Arkansas · 1910
- Bond v. Mo. Pac. R. Co.Supreme Court of Arkansas · 1961
2 more not listed; retrieve them via the Exa API.