St. Louis, Iron Mountain & Southern Railway Co. v. Dallas
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Fred Dallas brought suit against the St. Louis, Iron Mountain & Southern Railway Company, for injuries alleged to have been received by him in being wrongfully ejected from one of its passenger trains, and in being left in an unconscious condition near the tracks of its line of railway, whereby his leg was cut off ■by another of defendant’s trains, which passed shortly after-wards.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Fred Dallas brought suit against the St. Louis, Iron Mountain & Southern Railway Company, for injuries alleged to have been received by him in being wrongfully ejected from one of its passenger trains, and in being left in an unconscious condition near the tracks of its line of railway, whereby his leg was cut off ■by another of defendant’s trains, which passed shortly after-wards. Fred Dallas, the plaintiff, testified substantially as follows: On September 29, 1907, about 2 o’clock r. M., he took defendant’s…
1Opinion of the CourtHart, J.
(after stating the facts). 1. It is earnestly insisted by counsel for defendant that there is not sufficient evidence to support the verdict. The duty of the carrier to a drunk passenger and its liability for the neglect of it is stated by Mr. Hutchinson as follows:
“And this rule is true whether the attendant danger arises from the natural infirmity of the person or was self-imposed. Thus, if a person on a train is so intoxicated as to render him unconscious of danger and unable to appreciate his position, surroundings and perils and his duty to avoid them, or he does not possess the power of…
2Cases cited3 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Ward v. BlackwoodSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Weigel v. McCloskeySupreme Court of Arkansas · 1914
- Covington v. Little Fay Oil Co.Supreme Court of Arkansas · 1929
- Taylor v. EvansSupreme Court of Arkansas · 1912
- Bullington v. Farmer's Tractor & Implement Co.Supreme Court of Arkansas · 1959
- Markham v. StateSupreme Court of Arkansas · 1921
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