Chicago, Rock Island & Pacific Railway Co. v. Owens
Supreme Court of Arkansas
Appeal from. Saline Circuit Court; W. H. Evans, Judge; 1. Instruction No. 2, holding defendant to the ‘ ‘ highest degree of care” as to station or platforms is.1 not the law. Elliott on Bailroads, p. 406, par. 1590; 65 Ark. 255; 96 Id. 311; 167 S. W. 486. 2. This is not a case for exemplary damages. 53 Ark. 7; 77 Id. 115. 1. Appellee was a passenger and the carrier is, in effect, prima facie responsible for the smallest negligence.
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Appeal from. Saline Circuit Court; W. H. Evans, Judge; 1. Instruction No. 2, holding defendant to the ‘ ‘ highest degree of care” as to station or platforms is.1 not the law. Elliott on Bailroads, p. 406, par. 1590; 65 Ark. 255; 96 Id. 311; 167 S. W. 486. 2. This is not a case for exemplary damages. 53 Ark. 7; 77 Id. 115. 1. Appellee was a passenger and the carrier is, in effect, prima facie responsible for the smallest negligence. There is no error in the court’s -charge. 'She obeyed the directions of the carrier’s servant. By not waiting a reasonable time, Kirby’s Digest, § 6704, was…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff instituted this action against defendant railway' company to recover for injuries alleged to have been sustained while she was attempting to board one of the trains as a passenger. Negligence of the company’s servants is alleged in failing to stop the train a sufficient length of time and at a proper place to enable her to board the train; and that in walking down the platform to get to the coach she stumbled over a rock or other obstruction and sustained severe physical injury. Willful misconduct on the part of the conductor is also alleged in refusing to back the train up to…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodsSupreme Court of Arkansas · 1910
- Prescott & Northwestern Railroad v. ThomasSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Davis v. South Side Elevated RailroadIllinois Supreme Court · 1920
- Chicago, R. I. & G. Ry. Co. v. FaulknerCourt of Appeals of Texas · 1917
- Mills v. Illinois Cent. R.Supreme Court of Louisiana · 1920
- Dean v. Yelloway Pioneer System, Inc.Appellate Court of Illinois · 1930