Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Smith

Supreme Court of Arkansas

Decided April 18, 1910PublishedCited by 7 opinions

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

  1. St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
  2. St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
  3. Railway Co. v. DoddSupreme Court of Arkansas · 1894
  4. Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
  5. 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

  1. Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
  2. Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
  3. St. Louis, Iron Mountain & Southern Railway Co. v. ThurmanSupreme Court of Arkansas · 1913
  4. St. Louis, Iron Mountain & Southern Railway Co. v. TuckaSupreme Court of Arkansas · 1910
  5. Bond v. Mo. Pac. R. Co.Supreme Court of Arkansas · 1961

2 more not listed; retrieve them via the Exa API.

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