L. R. & Ft. S. R'y. v. Miles
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Special Judge. 1. Appellee was not a passenger; the relation of carrier and passenger did not exist between the company and him. but if he was technically a passenger, he was barred by reason of his contributory negligence in riding on the top of a freight car when there was a passenger car provided for him in which it was his duty to have been, and which was not involved in the calamity.
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APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Special Judge. 1. Appellee was not a passenger; the relation of carrier and passenger did not exist between the company and him. but if he was technically a passenger, he was barred by reason of his contributory negligence in riding on the top of a freight car when there was a passenger car provided for him in which it was his duty to have been, and which was not involved in the calamity. The station agent was utterly without authority, both in law and in fact, to give him permission to ride on top of'the car. , See Ind. B. Co. v.…
1Opinion of the Court
STATEMENT.
Smith, J.
This was an action to recover damages for a personal injury suffered by the plaintiff while a passenger on defendant’s train of cars. The accident occurred by reason of the cars leaving the track, inflicting permanent injuries upon the plaintiff by the fracture of his ribs and collar-bone and contusions of the head. And the proximate cause of the cars flying the track is alleged to have been the negligent failure of the defendant to provide and maintain a safe and sufficient track and road-worthy carriages. The defendant denied that the plaintiff was a passenger at the time…
2Cases cited23 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
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3Cited by27 opinions
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- St. Louis & San Francisco Railroad v. KitchenSupreme Court of Arkansas · 1911
- Chicago, R. I. & P. Ry. Co. v. LeeCourt of Appeals for the Eighth Circuit · 1899
22 more not listed; retrieve them via the Exa API.