Hines v. Rice
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The evidence is not sufficient to sustain the verdict. The defendant was not guilty of negligence. The uncontradicted testimony shows that the sudden and unanticipated assault could not have been foreseen by the most' vigilant observation, and the unexpected conflict was repelled by the conductor promptly 'and successfully.
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; 1. The evidence is not sufficient to sustain the verdict. The defendant was not guilty of negligence. The uncontradicted testimony shows that the sudden and unanticipated assault could not have been foreseen by the most' vigilant observation, and the unexpected conflict was repelled by the conductor promptly 'and successfully. No. liabilty was proved against defendant, and plaintiff failed absolutely to show the violation of any duty'to her, as a passenger. The measure of care and duty of the carrier is governed by the laws of Missouri,…
1Opinion of the CourtWood, J.
Appellee, Ethel Anderson Rice, lived at Bentonville, Arkansas. She was teaching school at Anadarko, Oklahoma. She purchased her ticket from the St. Louis & San Francisco Railway Company, hereafter for convenience called appellant, to Oklahoma City, and left her home about 4 p. m. October 29,1918, going via Rogers to Monette, Missouri, where she arrived about 8 p. m. At Monette she boarded appellant’s Oklahoma City train about 11:30' p. m. She went into the chair car and through the car looking for a seat. The seats were all taken except one at the front end of the car. She returned and…
2Cases cited10 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Fordyce v. JacksonSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Terrell v. Key SystemCalifornia Court of Appeal · 1945
- CITIZENS COACH COMPANY v. WrightSupreme Court of Arkansas · 1958
- Stevenson v. John J. Grier Hotel Co.Supreme Court of Arkansas · 1923
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921
- Kirchoff v. WilcoxSupreme Court of Arkansas · 1931
3 more not listed; retrieve them via the Exa API.