St. Louis, Iron Mountain & Southern Railway Co. v. Stacks
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. On November 12, 1908, at about 5 :3o o’clock p. m., appellee, while attempting to drive his team an-d wagon across the tracks of appellant’s line of railroad from south to north at a public crossing in Plumerville, Ark., was struck by a west-bound local freight train, and was permanently injured.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. On November 12, 1908, at about 5 :3o o’clock p. m., appellee, while attempting to drive his team an-d wagon across the tracks of appellant’s line of railroad from south to north at a public crossing in Plumerville, Ark., was struck by a west-bound local freight train, and was permanently injured. He brought suit for damages, alleging negligence on the part of appellant’s employees in operating the train. Appellant answered, denying ne-gligen-ce on its part and alleging contributory negligence on the part of…
1Opinion of the Court
Hart, J.,
(after stating the facts). 1. Counsel for appellant contend that the court erred in telling the jury that the burden of proof was upon appellant to show contributory negligence; but the decisions of this court are adverse to their contention. Aluminum Co. of N. A. v. Ramsey, 89 Ark. 522 and cases cited; St. Louis, I. M. & S. Ry. Co. v. Sparks, 81 Ark. 187.
2. Counsel for appellant also urge that the court erred in refusing certain instructions on the duty of appellee to look and listen while crossing the track of appellant. Other instructions given at the request of appellant fully…
2Cases cited6 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DillardSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. GarnerSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PrinceSupreme Court of Arkansas · 1911
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
- Markham v. StateSupreme Court of Arkansas · 1921
- St. Louis, Iron Mountain & Southern Railway Co. v. HutchinsonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1915
4 more not listed; retrieve them via the Exa API.