Legal Opinion

Louisiana & Arkansas Railway Co. v. Anderson

Supreme Court of Arkansas

Decided June 30, 1919Published

Appeal from Hempstead Circuit Court; Geo. R. Haynie, Judge; 1. It was error to refuse to sustain the demurrer to the complaint and in refusing to give instruction “A” for defendant for a directed verdict.

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Appeal from Hempstead Circuit Court; Geo. R. Haynie, Judge; 1. It was error to refuse to sustain the demurrer to the complaint and in refusing to give instruction “A” for defendant for a directed verdict. The uncontradicted testimony shows that defendant had erected a safe approach to and from its baggage room running north and south along the west side of the depot at Hope, and it was not appellant’s duty to keep the west slope in repair, because it was not built or intended for use as an approach to the platform or as a means of debarkation therefrom. The accident happened on May 2nd, more…

1Opinion of the CourtHumphreys, J.

Appellee instituted a suit against appellant in the Hempstead Circuit .Court to recover damages in the sum of $15,000 for an injury received on May 2, 1917, in falling from a wagon being driven down the west slope of the gravel platform to appellant’s depot in Hope. It was alleged that the west slope was rendered unsafe for wagons being driven down the slope from appellant’s baggage room, through appellant’s negligence in permitting the ground to be cut with washes and hidden from view by growing grass and weeds.

Appellant denied the allegation of negligence, and pleaded contributory…

2Cases cited5 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
  3. Texas & St. Louis Railway v. OrrSupreme Court of Arkansas · 1885
  4. Arkansas Midland Railway Co. v. RobinsonSupreme Court of Arkansas · 1910
  5. St. Louis & San Francisco Railroad v. CaldwellSupreme Court of Arkansas · 1910

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