St. Louis & S. F. R. Co. v. Portis

• Decision Date: 07 January 1907
• Citation: 99 S.W. 66
• Parties: ST. LOUIS & S. F. R. CO. v. PORTIS.
• Court: Arkansas Supreme Court

99 S.W. 66

ST. LOUIS & S. F. R. CO. v. PORTIS.

Supreme Court of Arkansas.

January 7, 1907.

Appeal from Circuit Court, Washington County; J. S. Maples, Judge.

Action by J. P. Portis against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

B. R. Davidson, for appellant. Walker & Walker, for appellee.

BATTLE, J.

J. P. Portis brought this action against the St. Louis & San Francisco Railroad Company to recover damages caused by the killing of a horse and the destruction of a wagon and harness by a train of the defendant; the horse, wagon, and harness being his property. He recovered judgment, and the defendant appealed.

Tolbert Davis was driving a delivery wagon for appellee. He had delivered some goods on Hill street, in Fayetteville, Ark., and before leaving Hill street, and while driving south, and a block distant from the railroad crossing, he looked in both directions for a train, and then drove on in the direction of the railroad. He looked south no more until after he had driven on the railroad, when it was too late. The train of the defendant struck and killed the horse and destroyed the wagon and harness, and the driver left the track as the train struck the horse, barely making his escape. The train was in full view before he drove on the track, and had he looked south before driving on the track he would have seen the train and avoided the accident. He was guilty of contributory negligence, and appellant is not liable for damages. Tiffin v. Railroad (Ark.) 93 S. W. 564; Railway v. Cullen, 54 Ark. 431, 16 S. W. 169; Railway v. Tippett, 56 Ark. 457, 20 S. W. 161; Railway v. Martin, 61 Ark. 549, 33 S. W. 1070; Martin v. Railway, 62 Ark. 156, 34 S. W. 545; Railway v. Taylor, 64 Ark. 364, 42 S. W. 831; Railway v. Blewitt, 65 Ark. 235, 45 S. W. 548; Railway v. Crabtree, 69 Ark. 134, 62 S. W. 64. Appellee sues in this action for the value of the horse, wagon, and harness. He is not entitled to recover.

Judgment is reversed, and cause is remanded for a new trial.