St. Louis, Iron Mountain & Southern Railway Co. v. Denty
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. Imogene Denty, an infant four years of age, was struck and injured by a train upon appellant’s railway. This action was brought to recover damages for her injury. The accident occurred at a station called Donaldson, an unincorporated village, having three stores and a planing mill, and where several families lived.
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Appeal from Hot Springs Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. Imogene Denty, an infant four years of age, was struck and injured by a train upon appellant’s railway. This action was brought to recover damages for her injury. The accident occurred at a station called Donaldson, an unincorporated village, having three stores and a planing mill, and where several families lived. The little girl, Imogene, with her grandmother, Mrs. Riley, were walking east towards the railway track, intending to pass the same at a public crossing in said village. A passenger train, —…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) In this action damages are sought for an injury to Imogene Denty, a child, four years of age. She was struck by a train while attempting to cross the track of appellant’s railway at a public crossing in a small village or hamlet called “Donaldson.” A consideration of the evidence convinces us that the case turns on the question whether the employees in charge of the train could have avoided the injury by keeping a proper lookout, and also whether that question was properly presented to the jury. It is true there is conflict in the evidence as to whether…
2Cases cited5 opinions
- Tobias v. Michigan Central RailroadMichigan Supreme Court · 1894
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1885
- Railway Co. v. RexroadSupreme Court of Arkansas · 1894
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1896
- Railway Co. v. RobertsSupreme Court of Arkansas · 1892
3Cited by21 opinions
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Central of Georgia Ry. Co. v. GrahamSupreme Court of Alabama · 1928
- Davis v. ScottSupreme Court of Arkansas · 1921
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
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