St. Louis, Iron Mountain & Southern Railway Co. v. Trotter
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Ada Trotter, seventeen years of age, brought this suit by her next friend and stepfather, S. H. McCullough, for damages for a personal injury alleged to have been received, while debarking from a train at Minturn, Arkansas.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Ada Trotter, seventeen years of age, brought this suit by her next friend and stepfather, S. H. McCullough, for damages for a personal injury alleged to have been received, while debarking from a train at Minturn, Arkansas. It was alleged that as soon as the train stopped and the station was called she started to leave the train, but that before she had time to do so it. was started with a sudden jerk, and she was thrown violently against the side of the vestibule, and that after moving forward…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended here that the court erred in giving said instructions for the plaintiff, and in refusing to give certain instructions for the defendant, and that the amount of the verdict is excessive.
Appellant especially objected to that part of instruction number 3 which declares: “It is the duty of the railroad company to stop its trains at the station a sufficient length of time and to hold it still long enough to allow passengers to alight in safety;” and if that were all of the instruction, and nothing else had been given explanatory of it, the…
2Cases cited3 opinions
- Pearl v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1902
- Central Railroad v. RichardsSupreme Court of Georgia · 1879
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonCourt of Appeals of Texas · 1895
3Cited by2 opinions
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917