St. L., I. M. & S. R'y v. Branch
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. Plaintiff was in no sense a passenger, and not entitled to the protection of Sec. ¿‡†‡, Mansf.
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APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. Plaintiff was in no sense a passenger, and not entitled to the protection of Sec. ¿‡†‡, Mansf. Dig. 2. If plaintiff was a passenger, there being no usual stopping-place between the place where he got o.n and his destination, he was not entitled-to the protection of the statute.’ 3. While the statute is a public act, it did not take away from defendant its common law right to eject recalcitrants at any point it chose; and if it did, plaintiff being a mere trespasser could not claim the protection of the statute. 4. The…
1Opinion of the CourtCockrill, C. J.
The appellee was forcibly ejected from the appellant’s passenger train, in a desolate place, between the stations of Baring Cross and McAlmont, and sued the company therefor.
The jury, under instructions from the court, made the following special finding of facts :
1. The plaintiff did not pay or offer to pay his fare before the train was stopped for the purpose of putting him off.
2. The conductor did not put the plaintiff off at a usual stopping-place.
3. The conductor did not use any more force than was • necessary to expel the plaintiff and keep him off the train.
4. The conductor’s language…
2Cases cited3 opinions
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
- Toledo, Wabash & Western R. W. Co. v. WrightIndiana Supreme Court · 1879
- Terre Haute, Alton & St. Louis Railroad v. VanattaIllinois Supreme Court · 1859
3Cited by10 opinions
- Cook, Comm. of Revenues v. Ark.-Mo. Power Corp.Supreme Court of Arkansas · 1946
- Southern National Insurance Company v. WilliamsSupreme Court of Arkansas · 1955
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Doup v. AlmandSupreme Court of Arkansas · 1948
- Holt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
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