Beasley v. Hines
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. E. Evans, Judge; 1. Appellant was a passenger. 105 Ark. 340; 113 Id. 265. . 2. Under the law the railway company was bound to the .same high degree of care to protect appellant from injury as if he had been on a passenger train, the duty (being modified only by the nature of the train and the necessary difference in the mode of operation. 87 Ark. 109; 83 Id. 22; 76 Id. 520..
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Appeal from Saline Circuit Court; W. E. Evans, Judge; 1. Appellant was a passenger. 105 Ark. 340; 113 Id. 265. . 2. Under the law the railway company was bound to the .same high degree of care to protect appellant from injury as if he had been on a passenger train, the duty (being modified only by the nature of the train and the necessary difference in the mode of operation. 87 Ark. 109; 83 Id. 22; 76 Id. 520.. Hence the evidence was sufficient to submit the case to a jury and the court erred in refusing to do so. Cases supra; Hutchinson on Carriers (3 Ed.), sec. 895, p. 995; 97 Ark. 24. A…
1Opinion of the CourtSmith, J.
In support of his cause of action appellant testified as follows: He entered into a contract with the railroad company for the shipment of a carload of live stock and one of household furniture and farm implements, from Bowling Green, Missouri, to Donaldson, Arkansas. He left Bowling Green Friday night, and, with the knowledge and consent of the various train crews, rode in the car containing his stock. The train of which his cars were a part left Little Rock about 10 o’clock Monday night, and he fell asleep soon afterwards, and slept until he was awakened by some one pounding on the door of…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of Arkansas · 1914
3Cited by3 opinions
- Wheeler v. Des Moines City Railway Co.Supreme Court of Iowa · 1927
- Manning v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1938
- St. Louis-San Francisco Railway Co. v. BrittonSupreme Court of Arkansas · 1930