In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negligence of the officers, agents, servants, or employees of the railroad causing the injury, damage, or death complained of. 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 the contributory negligence.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 12 - Operation and Maintenance of Railroads
Subchapter 9 - Liability for Injuries
§ 23-12-901. Legislative intent
§ 23-12-902. Liability for injury to persons or property generally
§ 23-12-903. Parties to actions for personal injuries
§ 23-12-905. Service of process upon agent of railroad company
§ 23-12-906. Levy and sale of railroad property under execution
§ 23-12-908. Killing or injuring livestock — Notice — Damages recoverable on failure to advertise
§ 23-12-909. Killing or injuring livestock — Actions
§ 23-12-910. Killing or injuring livestock — Prima facie evidence — Burden of proof