Arkansas & Louisiana Railway Co. v. Sain
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; ■ statement by the court. This is an action for personal injuries. The complaint alleges that the plaintiff is a minor ten years of age, and that the defendant is an Arkansas corporation. That on June 16, 1908, the plaintiff, with his older brother, had gone to the depot of the defendant company at Nashville, Ark., to meet some friends who were expected to arrive Qn the noon train of defendant.
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Appeal from Howard Circuit Court; James S. Steel, Judge; ■ statement by the court. This is an action for personal injuries. The complaint alleges that the plaintiff is a minor ten years of age, and that the defendant is an Arkansas corporation. That on June 16, 1908, the plaintiff, with his older brother, had gone to the depot of the defendant company at Nashville, Ark., to meet some friends who were expected to arrive Qn the noon train of defendant. That when the train had arrived and stopped for the purpose of permitting the passengers thereon to alight, the plaintiff stepped on to the…
1Opinion of the Court
Wood, J.,
(after stating the facts). Instruction number six was erroneous. Appellee testified that the train “had been stopped two or .three minutes” when he got upon the platform; and the testimony on*' behalf of the appellant showed that there was “no danger on the platform when the train is standing still.” Appellee testified that he “was in three or four feet of Kaust Mulkey, the brakeman, when he got upon the platform of the coach;” but he does not say that this brakeman was looking at him, or that the brakeman saw him on the platform. Brakeman Mulkey, on the contrary, testified that he…
2Cases cited19 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Norfolk & Western Railway Co. v. WoodSupreme Court of Virginia · 1901
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- McDermott v. Kentucky Central RailroadCourt of Appeals of Kentucky · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Welter v. CurrySupreme Court of Arkansas · 1976
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Stevens v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
22 more not listed; retrieve them via the Exa API.