Hays v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The testimony shows that at the point where the injury occurred, the people, with the knowledge of the defendant and without objection, continually and habitually crossed the tracks, and had done so for years.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; 1. The testimony shows that at the point where the injury occurred, the people, with the knowledge of the defendant and without objection, continually and habitually crossed the tracks, and had done so for years. The running of a locomotive without giving any warning or keeping a lookout, along by a station, by another train just arriving and over the.spot where passengers alight from defendant’s trains, is gross negligence, and defendant is liable, whether it was the engineer or the fireman who was negligent. This case calls for the…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff’s intestate, F. A. Weedman, was run over and injured by defendant’s switch-engine at its station in the city of Helena, and he instituted this action to recover damages resulting from such injury. He died before the trial below, and the cause was revived in the name of plaintiff as administrator of his estate. On the trial of the case before a jury, after the testimony was all in, the court gave a peremptory instruction to the jury to return a verdict in favor of the defendant, and a judgment was accordingly entered in defendant’s favor, from which plaintiff appealed.
Stating the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
3Cited by4 opinions
- Tatum v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- New York Underwriters' Insurance v. StewartSupreme Court of Arkansas · 1935
- Cook v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- Williams, Administrator v. LauderdaleSupreme Court of Arkansas · 1945