St. L., I. M. & S. Ry. v. Atchison
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Hon. O. D. Scott, Special Judge. There are three patent facts apparent in this evidence, which we think conclusive of the case.
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APPEAL from Lafayette Circuit Court. Hon. O. D. Scott, Special Judge. There are three patent facts apparent in this evidence, which we think conclusive of the case. I. That the train passed Emmett without slacking its speed, and was running at the rate of ten or twelve miles an hour. 2. That the conductor gave no orders, used no threats or compulsion to plaintiff, or any of the passengers, to risk their lives in jumping from the train. 3. That the jumping from the train was wholly voluntary on plaintiff’s part, rather than to be carried past his home, and thus by his own wilful and voluntary…
1Opinion of the CourtCockrill, C. J.
The main features of this case are similar to those of Rosenberry’s case, reported in 45 Ark., 256. The appellee boarded a through freight train at Prescott to be transported to Emmett. Emmett was not one of the usual stopping places for the train and it made no halt there on the trip in question, but the appellee alighted nevertheless, and in doing so injured his toe and received a shock which prevented him from engaging in active out-of-door labor for a few weeks. He sued the company to recover damages for the personal injury, and a jury awarded him $5000. His contention was that the…
2Cases cited2 opinions
- Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
- Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by9 opinions
- Van Camp v. Michigan Central RailroadMichigan Supreme Court · 1904
- Rock Island, Arkansas & Louisiana Railroad v. StevensSupreme Court of Arkansas · 1907
- Simmons v. LuskSupreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911
- Prescott & Northwestern Railway Co. v. HopkinsSupreme Court of Arkansas · 1916
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