Jonesboro, Lake City & Eastern Railroad v. Gainer
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to recover damages for personal injuries.
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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to recover damages for personal injuries. Appellee alleged that bis injury resulted from negligence of appellant in operating its train without an electric headlight as prescribed by tbe statute of 1907, and without keeping a lookout as prescribed by tbe statute of 1911. On tbe 13th of December, 1912, appellee, who was a timber cutter or logger, took a band car which was standing near appellant’s railroad at a lumber camp three miles…
1Opinion of the Court
Wood, J.,
(after stating the facts}. 1. The testimony admitted over the objection of appellant did not tend to establish a custom for loggers to use handcars on appellant’s road for the purpose of hauling feed. The ruling of the court in permitting the questions objected to and the answers of the witnesses was in no wise prejudicial to appellant.
2. Witness Metcalf, who was the fireman on the engine of appellant, was called by the counsel for appellee, and testified that the headlight was not lit. He did not know whether there was any one on the front of the cars or not. He saw one stop signal…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BryantSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. GunnSupreme Court of Arkansas · 1914
- Coulter v. StateSupreme Court of Arkansas · 1913
3Cited by8 opinions
- Pekin Wood Products Co. v. MasonSupreme Court of Arkansas · 1932
- Doran v. StateSupreme Court of Arkansas · 1920
- Missouri Pac. R.R. Co., Thompson, Tr. v. MerrellSupreme Court of Arkansas · 1940
- Garrison v. StateSupreme Court of Arkansas · 1921
- Newell v. Arlington Hotel Co.Supreme Court of Arkansas · 1952
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