Sibley v. Ratliffe
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. F. T. VaughaN, Judge.' 1. A railroad company owes no duty to tresspassers further than not to run them down wilfully; and its servants have a right to presume that a tresspasser-will leave the track in time to escape injury.
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APPEAL from Lonoke Circuit Court. F. T. VaughaN, Judge.' 1. A railroad company owes no duty to tresspassers further than not to run them down wilfully; and its servants have a right to presume that a tresspasser-will leave the track in time to escape injury. It is not the duty of employees to keep a watch for tresspassers, their ■only duty was, after seeing him in time to prevent the injury, not to wilfully and negligently injure him, 36 Ark., 41; lb., 371; 45 Id., 249; 46 Id., 513; 47 Id., 497; 49 Id., 257. In view of the settled law of this state, the court erred in refusing the…
1Opinion of the CourtCockeill, C. J.
The appellee, Ratliffe, was injured by an engine of the Memphis & Little Rock Railway. He was a minor at the time, and after obtaining permission of the court which appointed Sibley receiver of the company, brought suit by his next friend to recover damages for the injury. There was a trial and verdict for the plaintiff" which the court set aside. Afterwards, the defendant moved to dismiss the action because it had not been instituted at the instance of the minor’s father, mother, or guardian. Ratliffe having reached his majority in the meantime, asked and obtained leave to prosecute the…
2Cases cited2 opinions
- Durkee v. Central Pacific RailroadCalifornia Supreme Court · 1880
- Chicago & Alton Railroad v. RobinsonIllinois Supreme Court · 1883
3Cited by10 opinions
- St. Louis & S. F. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. LeathersSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. ThompsonSupreme Court of Arkansas · 1909
- Memphis, Dallas & Gulf Railroad v. BuckleySupreme Court of Arkansas · 1911
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