Kansas City Southern Railway Co. v. Watson
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. In its instructions the court erred in its definition of a passenger. 10 Fed. Cas. 464; 55 Ala. 387. The use of the word “protection” was error. 55 Ala. 387; 176 Pa. St. 341; 114 U. S. 587; 6 Words & Phr. pp. 5741-2. 2. Plaintiff was not a passenger on the K. C. So. Ry. Co. and instruction 2 was reversible error.
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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. In its instructions the court erred in its definition of a passenger. 10 Fed. Cas. 464; 55 Ala. 387. The use of the word “protection” was error. 55 Ala. 387; 176 Pa. St. 341; 114 U. S. 587; 6 Words & Phr. pp. 5741-2. 2. Plaintiff was not a passenger on the K. C. So. Ry. Co. and instruction 2 was reversible error. The K. C. owed no duty to plaintiff as a carrier. 90 Ark. 378; 94 Id. 15. 3. The verdict is excessive. 1. The peremptory instruction for this appellant should have been given. This appellant owed no duty except…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by D. M. Watson against the Kansas City Southern Railway Company and the Memphis, Dallas & Gulf Railroad Company to recover damages for an injury which the plaintiff alleged he sustained by reason of the negligence of both defendants. The alleged injury occurred upon the station platform at Ashdown. At this place there was only one depot, which was owned by the Kansas City Southern Railway Company but which was used by both defendants. At this depot the trains of both defendants stopped and took on and discharged passengers, and agents of both companies sold…
2Cases cited13 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. StampsSupreme Court of Arkansas · 1907
- Atchison, Topeka & Santa Fé Railroad v. JohnsSupreme Court of Kansas · 1887
- Railway Co. v. MaddrySupreme Court of Arkansas · 1893
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3Cited by6 opinions
- Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
- Staples v. BernabucciSupreme Court of Connecticut · 1935
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- Yazoo & Mississippi Valley Railroad v. HillSupreme Court of Arkansas · 1919
- Wisconsin & Arkansas Lumber Co. v. MontgomerySupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.