St. Louis, Iron Mountain & Southern Railway Co. v. Fambro
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Miss Gussie Fambro and Miss Florence Harkrider, two young ladies residing in Center, Texas, started to St. Louis.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Miss Gussie Fambro and Miss Florence Harkrider, two young ladies residing in Center, Texas, started to St. Louis. They reached Texarkana between eight and nine o’clock on the 14th of August, 1907, and went to the ticket agent of the St. Louis, Iron Mountain & Southern Railway Company, and asked what time a train would leave for St. Louis, and were told that a train then standing upon the track would leave in about five minutes (the train scheduled to'leave at nine o’clock) for Si. Louis. They asked if they had…
1Opinion of the Court
Hnx, C. J.,
(after stating the facts). I. The first error assigned is in giving the second instruction, to the effect that if the jury found that the plaintiffs were passengers and were injured, and that such injuries were caused by a moving train of the defendant, this is prima facie proof of negligence on the part of the defendant. This presumption is based upon section 6607 of Kirby’s Digest. It is insisted that this is not a case for its application, and St. Louis & S. F. Rd. Co. v. Cooksey, 70 Ark. 481, is relied upon to sustain this position. In that case the plaintiff had alighted from…
2Cases cited6 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. StellSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BriggsSupreme Court of Arkansas · 1908
- St. Louis & San Francisco Railroad v. CookseySupreme Court of Arkansas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Arkansas Midland Railroad v. RamboSupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. WhitleySupreme Court of Arkansas · 1919
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911
- Missouri Pacific Railroad v. GreeneSupreme Court of Arkansas · 1928
1 more not listed; retrieve them via the Exa API.