St. Louis, Iron Mountain & Southern Railway Co. v. Prince
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. Appellant’s own testimony convicts him of contributory negligence. Before driving upon the track on which the injury occurred, a view of which, he says, was obstructed from the time he came upon the first track by the string of dead cars extending up to the street crossing, he should at least have checked his team and looked up and down the track which had been shut off from view.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. Appellant’s own testimony convicts him of contributory negligence. Before driving upon the track on which the injury occurred, a view of which, he says, was obstructed from the time he came upon the first track by the string of dead cars extending up to the street crossing, he should at least have checked his team and looked up and down the track which had been shut off from view. If he went upon this track without looking and listening, he can not recover, notwithstanding any primary negligence on the part of appellant. 2 White,…
1Opinion of the CourtFrauenthal, J.
• This appeal involves two separate suits, instituted against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for injuries which John A. Prince and his wife sustained by being struck by one of defendant’s trains while attempting to cross its railroad track at a public street in the city of Hope. The wife died from the injuries, and one of the suits was brought by John A. Prince as her administrator to recover damages for the benefit of her estate and next of kin. The other suit was brought by Prince in his individual capacity, to recover damages for the injuries to…
2Cases cited12 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
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3Cited by11 opinions
- Mode v. BarnettSupreme Court of Arkansas · 1962
- Lewis v. RowlandSupreme Court of Arkansas · 1985
- Mo. Pac. Rd. Co., Baldwin, Trustees v. BrewerSupreme Court of Arkansas · 1937
- Calvin v. SchaffSupreme Court of Kansas · 1925
- St. Louis & San Francisco Railway Co. v. StewartSupreme Court of Arkansas · 1918
6 more not listed; retrieve them via the Exa API.