St. Louis, Iron Mountain & Southern Railway Co. v. Taylor
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is an action instituted by W. L. Taylor .against the 'St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been sustained by the plaintiff on account of the willful and wrongful act of a servant of the defendant.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is an action instituted by W. L. Taylor .against the 'St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been sustained by the plaintiff on account of the willful and wrongful act of a servant of the defendant. The facts relied on by the plaintiff to sustain a recovery are substantially as follows: The plaintiff was a traveling salesman for a wholesale dry goods firm, and carried on his trip a number of sample trunks weighing in the aggregate more than the amount allowed…
1Dissent
Wood, J.,
(dissenting.) The law writes in every contract made by a railway company with its passengers the obligation that it will not wilfully, wantonly or maliciously insult or wound the feelings of such passengers, but, on the contrary, that its employees will give its passengers at least respectful treatment and have due consideration for their comfort. Fordyce v. Nix, 58 Ark. 136; 3 Thompson on Neg. § § 3083, 3086; 2 Hutch, on Car. § § 1093-94. In McGinnis v. Missouri Pac. Ry. Co., 21 Mo. App. 399, it is said: “Among those recognized rights of the passenger is, not only to be safely and…
2Cases cited11 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Fordyce v. NixSupreme Court of Arkansas · 1893
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