Kansas City Southern Railway Co. v. Worthington
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jeff T. Cowling, Judge; 1. As a matter of law, there was neither allegation nor proof of any negligence on the part of appellant proximately causing the injury. The complaint itself fails to state a cause of action, in that its allegations are such as to leave it a matter of conjecture whether the injury was due to plaintiff’s own negligence or to the negligence of the defendant.
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Appeal from Polk Circuit Court; Jeff T. Cowling, Judge; 1. As a matter of law, there was neither allegation nor proof of any negligence on the part of appellant proximately causing the injury. The complaint itself fails to state a cause of action, in that its allegations are such as to leave it a matter of conjecture whether the injury was due to plaintiff’s own negligence or to the negligence of the defendant. Courts and juries are not permitted to fix liability upon a carrier through mere speculation and conjecture. 131 S. W. 44; 122 N. Y. 292; 132 S. W. (Ark.) 462; 1 Thompson on Neg. § §…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by W. A. Worthington, the plaintiff below, to recover damages for injuries which he alleged he received while attempting to alight as a passenger from one of defendant’s trains. On November 25,1910, the plaintiff became a passenger on one of defendant’s local freight trains from Mena to Cove. It appears that Cove was a station on defendant's railroad, and that defendant carried passengers on its local freight trains and stopped such trains at said station when having passengers for that place. Upon entering the caboose of the train at Mena, the plaintiff notified…
2Cases cited7 opinions
- Memphis & Little Rock Railway Co. v. StringfellowSupreme Court of Arkansas · 1884
- Little Rock & Fort Smith Ry. v. AtkinsSupreme Court of Arkansas · 1885
- St. L., I. M. & S. R'y Co. v. RosenberrySupreme Court of Arkansas · 1885
- Railway Co. v. TankersleySupreme Court of Arkansas · 1890
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911
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3Cited by4 opinions
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- Chicago, R. I. & P. Ry. Co. v. McAlesterSupreme Court of Oklahoma · 1913
- Vietti v. HinesCalifornia Court of Appeal · 1920