§ 23-12-907 — Duty of persons running trains to keep lookout - Contributory negligence no bar to recovery of damages

Arkansas § 23-12-907

• Jurisdiction: Arkansas
• Title: 23

Text

(a) (1) It shall be the duty of all persons running trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any and all railroads. (2) If any person or property is killed or injured by the neglect of any employee of any railroad to keep a lookout, the company owning or operating any railroad or its agents, servants, and employees shall be liable and responsible to the person injured for all damages resulting from neglect to keep a lookout. (b) (1) In any action brought for failure to keep a lookout, contributory negligence shall not bar recovery of damages for any injury, property damage, or death where the negligence of the person injured or killed is of a lesser degree than the negligence of the employee or employees in charge of the train of the company. (2) In all such actions accruing for negligence resulting in personal injuries or wrongful death or injury to property, the contributory negligence shall not prevent a recovery where any negligence of the person so injured, damaged, or killed is of a lesser degree than any negligence of the person, firm, or corporation causing the damage. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to such contributory negligence. (c) The legislative intent of this section is to place railroads upon a parity with all other persons, firms, and corporations in the matter of contributory negligence.

Legislative History

Acts 1891, No. 125, § 1; 1911, No. 284, § 1; C. & M. Dig., § 8568; Pope's Dig., § 11144; repealed by Acts 1961, No. 170, § 4; reen. 1961 (1st Ex. Sess.), No. 62, §§ 1, 3; A.S.A. 1947, §§ 73-1002, 73-1002n.