Chicago, Rock Island & Pacific Railway Co. v. Moon
Supreme Court of Arkansas
Appeal from Scott Circuit Court; Daniel Hon, Judge; 1. Failing to stop, look and listen, plaintiff was guilty of such negligence as to bar a recovery. 54 Ark. 431; 56 Id. 457; 61 Id. 549; 62 Id. 157; 65 Id. 235; 3 App.
Read the full summary
Appeal from Scott Circuit Court; Daniel Hon, Judge; 1. Failing to stop, look and listen, plaintiff was guilty of such negligence as to bar a recovery. 54 Ark. 431; 56 Id. 457; 61 Id. 549; 62 Id. 157; 65 Id. 235; 3 App. Cases, 1155 ; 2 Wood on Railways (Minor’s Ed.) 1518; 78 Ark. 55, 355, 520; 81 Id. 325; 62 Id. 235. 2. Review the instructions and contend that under the authorities supra the court erred in its instructions to the jury. 1. The' cases cited by appellant are not applicable. They ignore the doctrine laid down in 54 Ark. 159. 2. The burden was on appellant to show want of…
1Opinion of the CourtFlux, C. J.
This is an action by R. G. Moon, as next friend of Robert J. Moon, his son, and in his own behalf, to recover damages of the Chicago, Rock Island & Pacific Railway Company for injuries received by Robert J. Moon at a railroad crossing.' Fie recovered, and the railway company has appealed. Evidence to establish the following facts was adduced on behalf of the plaintiff:
Robert J. Moon, a lad of seventeen years, was driving a wagon and team on a public highway leading across the track of the appellant railroad company. The road he was traveling ran almost parallel with the railroad track for…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. JohnsonSupreme Court of Arkansas · 1905
3Cited by5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GarnerSupreme Court of Arkansas · 1909
- Rastede v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1927
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910