Choctaw, Oklahoma & Gulf Railroad Co. v. Coker

• Decision Date: 02 December 1905
• Citation: 90 S.W. 999,77 Ark. 174
• Parties: CHOCTAW, OKLAHOMA & GULF RAILROAD COMPANY v. COKER
• Court: Arkansas Supreme Court

90 S.W. 999

77 Ark. 174

CHOCTAW, OKLAHOMA & GULF RAILROAD COMPANY v. COKER

Supreme Court of Arkansas

December 2, 1905

Appeal from Yell Circuit Court; JEPTHA H. EVANS, Judge, on exchange of circuits; reversed.

Reversed and remand.

E. B Peirce and Thos. S. Buzbee, for appellant.

Railroads are not liable for injuries to persons caused by the usual and ordinary noises incident to running of trains. 140 Mass 79; 56 S.W. 1; 32 N.E. 209. They are only required to use ordinary care, and so to manage their trains as not to carelessly or negligently injure persons on the highway or off their right of way. 60 Ark. 409; 77 P. 231. And train operatives are not bound, before giving the signal to look and see if there are any persons on the highway. 169 Mass 305. Instruction No. 3 was misleading, and should not have been given, without also giving the 6th instruction asked by defendant. Defendant was entitled to specific instruction covering the case from its standpoint. 69 Ark. 134, and cases cited.

Bullock & Davis, for appellee.

If the engineer knew the horse was frightened, it was his duty to stop or suspend the signal until it was passed or the danger averted. 60 Ark. 415. Whether the injury resulted from negligence of the defendant was, under the circumstances of the case, a question for the jury. 26 Ark. 387.

OPINION

BATTLE, J.

Cordelia Coker, by her next friend, sued the Choctwa, Oklahoma & Gulf Railroad Company, and stated her cause of action as follows:

"Further complaining, the plaintiff states on the 24th day of April, 1901, she was at work on her father's farm, in a field at a point between mile posts numbers 206 and 207, along said railroad track, and that her father and next friend, the said James E. Coker, was in the field near her ploughing a horse, and that about five o'clock of the afternoon of the said 24th day of April, 1901, the west-bound passenger train of the said defendant, Choctaw, Oklahoma & Gulf Railroad Company, on its regular run along its said railroad track at and near the said field aforesaid, ran by where the said plaintiff and her said father were at work, and in so passing and approaching the point last aforesaid the said train of cars with its locomotive was, by the agents and servants of the said railroad company then and there being in charge thereof, so negligently, carelessly and improperly operated, run and conducted on said road as to cause the said horse, then and there being ploughed by the said James E. Coker, to take fright to such an extent that he broke loose from all control, and ran away, and in his fright knocked down the plaintiff with great force, dragged the said plough against and over her body, causing the blade thereof, to cut, gash, and wound the plaintiff in the thigh, and dragging her along the ground, and otherwise bruising and wounding the body of her, the said plaintiff; and all this, without any default, negligence or carelessness on the part of her, the said plaintiff. That said negligence consisted of a failure of the said defendants agents and servants to ring the bell or blow the whistle at the public crossing next near the plaintiff's field, and when the said train had so carelessly entered the said field and when opposite or near the plaintiff, and seeing the said horse already frightened, they unnecessarily blew the whistle, and gave additional fright to the said horse."

The defendant answered, and specifically denied each allegation of the complaint. The plaintiff recovered judgment.

The evidence adduced at the trial tended to prove the following facts:

"Plain...