St. Louis, Iron Mountain & Southern Railway Co. v. Woods
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells, Judge; Appellee’s sixth instruction is both abstract and an incorrect declaration of the law.
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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; Appellee’s sixth instruction is both abstract and an incorrect declaration of the law. It is an incorrect declaration of law in placing the duty upon appellant in the operation of its trains to exercise (1) “the utmost care -and foresight,” and in making it responsible for the “slightest negligence,” without reference to the party invoking the duty, and (2) in holding it to the duty to provide all things necessary to their (the passengers’) security, reasonably consistent with their business, and appropriate to the means of conveyance…
1Opinion of the CourtM'cCurloch, C. J.
The plaintiff, Rush Woods, sues the railroad company to recover damages for personal injuries received in a peculiar and somewhat unusual manner, though alleged to be the result of negligence on the part of defendant’s servants in the operation of its train. On the night of January 2, 1908, he was standing on the company’s platform at Morrell, Arkansas, awaiting the approach of a passenger train on which he expected to embark, when the engine of that train struck a mule, knocking it over against plaintiff and severely injuring him. Negligence of defendant’s servants is alleged in running the…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Falls v. San Francisco & North Pacific RailroadCalifornia Supreme Court · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Ford v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Arkansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Prescott & Northwestern Railroad v. ThomasSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. HutchinsonSupreme Court of Arkansas · 1912
- Kroger Grocery Baking Company v. KennedySupreme Court of Arkansas · 1940
- Barksdale v. Southern Railway Co.Supreme Court of Virginia · 1929
- Crown Coach Company v. WhitakerSupreme Court of Arkansas · 1945
7 more not listed; retrieve them via the Exa API.