St. Louis & San Francisco Railroad v. Kilpatrick
Supreme Court of Arkansas
Appeal from Franklin Cii’cnit Court. Appellee was not a passenger, and had not the rights of one. A railroad company may make reasonable rules and regulations to govern the. receiving of its passengers, and the passengers are bound to take notice of and obey such rules. 4 Ell.
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Appeal from Franklin Cii’cnit Court. Appellee was not a passenger, and had not the rights of one. A railroad company may make reasonable rules and regulations to govern the. receiving of its passengers, and the passengers are bound to take notice of and obey such rules. 4 Ell. Rys., §§ 1576, 1579, 1580, 1581, 1603; 132 Mass. 116. At least, until a party who enters in violation of the rules is accepted by the carrier as a passenger, he is not such. 139 Mass! 238; 19 Ore. 354; 15 Gray, 20; 59 Ark. 395-404. The burden was ón appellee to show that he was ejected by an employee acting within the…
1Opinion of the CourtWood, J.
The complaint alleged, in substance, that Geo. Kilpatrick boarded appellant’s train at Van Burén, intending to go to Chester as a passenger, but that appellant negligently, wilfully and maliciously ejected him, whereby his foot was caught under the cars, and so badly crushed as to necessitate amputation. The answer denied all material allegations, and set up contributory negligence.
The substantive facts, as testified to by appellee, are: That he went to appellant’s station at Van Burén for the purpose of taking its passenger train to Chester. The fare from Van Burén to Chester was 75 cents,…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. GeorgeIllinois Supreme Court · 1858
- Railway Company v. DobbinsSupreme Court of Arkansas · 1895
- Yonge v. KinneySupreme Court of Georgia · 1859
- Railroad Co. v. DialSupreme Court of Arkansas · 1893
- Brown v. St. L., I. M. & S. Ry.Supreme Court of Arkansas · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Lin Manufacturing Co. of Arkansas, Inc. v. CoursonSupreme Court of Arkansas · 1969
- German-American Insurance v. BrownSupreme Court of Arkansas · 1905
- J. W. Wheeler & Co. v. FitzpatrickSupreme Court of Arkansas · 1918
- St. Louis & San Francisco Railroad v. BlytheSupreme Court of Arkansas · 1910
23 more not listed; retrieve them via the Exa API.