St. Louis, Iron Mountain & Southern Railway Co. v. Rush
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The announcement of a station.is not an invitation to passengers to alight. 76 Ga. 333; 88-Ala. 538; 92 Id. 237; 97 Id. 332; 15 Lea.
Read the full summary
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The announcement of a station.is not an invitation to passengers to alight. 76 Ga. 333; 88-Ala. 538; 92 Id. 237; 97 Id. 332; 15 Lea. (Tenn.) 254. The stopping of the train after station was called was not the proximate cause of the injury. 68 Pac. 1037. No recovery can be had where the passenger is at fault. 39 S. E. 427; 113 Ga. 1021; 139 Eed. 543. 2. Plaintiff was guilty of contributory negligence as a matter of law in attempting to get off a train in motion situated as she was. 37 Ark. 526; 46 Id. 423; 96 S. W. 562; 54 111. 135;…
1Opinion of the CourtHill, C. J.
Mrs. Rush, wife of the plaintiff, who is appellee here, with her little daughter, six years old, took .passage on a train of the appellant company at Arkadelphia, destined to Texarkana. She had never traveled on a railroad train before, and was exceedingly nervous and apprehensive during her journey. Before the train reached Texarkana, the ordinary notification in the coach was given, and Mrs. Rush was assured by the conductor and porter that they would help her off the train; but when the train was approaching the station the passengers left the car in which she was riding and went forward…
2Cases cited4 opinions
- St. Louis, I. M. & S. R. R. v. CantrellSupreme Court of Arkansas · 1881
- Little Rock & Fort Smith Ry. v. AtkinsSupreme Court of Arkansas · 1885
- Arkansas Central Railroad v. BennettSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. LeamonsSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- Kansas City Southern Railway Co. v. WorthingtonSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911