St. Louis, Iron Mountain & Southern Railway Co. v. Brown
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; Action by Mamie Brown against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for wrongful expulsion from a train before reaching her destination. Plaintiff recovered judgment for damages, and the defendant appealed. There is no evidence that the appellee received any physical injury.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; Action by Mamie Brown against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for wrongful expulsion from a train before reaching her destination. Plaintiff recovered judgment for damages, and the defendant appealed. There is no evidence that the appellee received any physical injury. The verdict of the jury is excessive, being based wholly upon the court’s instructions to them to take into consideration is assessing her damages the fright, fear, mental suffering and apprehension of discomfort. Mental suffering…
1Opinion of the CourtMcCuuuoch, C. J.
Plaintiff embarked at Plummerville, Ark., as a passenger on one of appellant’s trains en route to Bragg, Oklahoma, and had a ticket which entitled her to ride on the train between those stations. According to the allegations of the complaint and testimony which she adduced at the trial, the train auditor wrongfully and forcibly ejected her from the train in the night before she reached her destination and about half a mile from Bluffs, Okla., another station. She testified that the auditor pitched her baggage off, and then, over her protest, seized her under the arms and set her off the…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Little Rock Railway & Electric Co. v. GoernerSupreme Court of Arkansas · 1906
- L. R. & F. S. Railway v. DeanSupreme Court of Arkansas · 1884
- St. Louis Southwestern Railway Co. v. FurlowSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Lamden v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- Chicago, Rock Island & Pacific Railway Co. v. MizellSupreme Court of Arkansas · 1915
- Bradley v. HendricksSupreme Court of Arkansas · 1972