[Download] "St. Louis Southwestern Ry. Co. v. Robinson" by Supreme Court of Arkansas # Book PDF Kindle ePub Free
eBook details
- Title: St. Louis Southwestern Ry. Co. v. Robinson
- Author : Supreme Court of Arkansas
- Release Date : January 16, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an action for personal injuries sustained by the appellee in a collision between his pick-up truck and a freight train
which was standing still at a public crossing just inside the city of Gillett. The plaintiff's truck struck the fifth or sixth
car of the eleven-car train. In appealing from a verdict and judgment for $7,500 the railroad company and its two employees
contend that they were entitled to a directed verdict, and, if not, that the court erred in its instructions to the jury. The accident happened shortly after dark on the evening of October 19, 1955. Robinson had been in town [228 Ark Page 420]
and was returning to his home, which is about a city block north of the railroad crossing. He used this highway about six
times a day and was of course familiar with the crossing. As he traveled north toward his home his approach to the railroad
tracks was, for the last few hundred feet, along a straight level road. He testified that he was driving at about 25 or 30
miles an hour, with his headlights on their low beam. He did not see the train until he was "right upon it." He says that
there was no light of any kind to warn him and that the gravel car which he hit was about the same color as the pavement.
A neighbor who lives near the crossing testified that he did not hear the train whistle and that when he looked out of his
window upon hearing the crash he did not see any light at the crossing.