Chicago, Rock Island & Pacific Railway Co. v. Moss
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; Plaintiff is not entitled ,to recover for 'humiliation or mental • suffering, there being no personal injury. 64 Ark. 538; 84 Id. 42; 44 Id. 439; 46 Id. 485; 74 'Id. 358; 73 Id. 112; 1 H. & N. 408; 24 Am. Rep. 376; 52 Fed. 264; 52 S. E. 305; 76 Ark. 348. The Taylor case (84 Ark. 42) does not settle this.
Read the full summary
Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; Plaintiff is not entitled ,to recover for 'humiliation or mental • suffering, there being no personal injury. 64 Ark. 538; 84 Id. 42; 44 Id. 439; 46 Id. 485; 74 'Id. 358; 73 Id. 112; 1 H. & N. 408; 24 Am. Rep. 376; 52 Fed. 264; 52 S. E. 305; 76 Ark. 348. The Taylor case (84 Ark. 42) does not settle this. There was a recoverable element of damage in this' case which entitled plaintiff to recover for mental suffering and humiliation. 5 A. & E. Enc. (2 Ed.) 550; lb. 706-7; 81 Ark. 496; 6 Cyc. 602, note 602-3; 6 Id. note 6, 604; 13 Id.…
1Opinion of the CourtHill, C. J.
Moss was a traveling salesman. He bought a ticket at Forrest City -to Howell, on the line of appellant railroad company, and had his baggage checked, on which he paid 350 pounds' excess charges. He got off the train at his destination, and the train started to move on without unloading his baggage. He called the attention of the conductor to it, and the conductor replied to him in an impolite and insulting manner. He boarded the moving train and tried -to get the conductor to stop it and put off his baggage. The conductor refused, and spoke -to -him again in an impolite and insulting manner;…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
3Cited by10 opinions
- MBM Co., Inc. v. CounceSupreme Court of Arkansas · 1980
- Rogers v. WilliardSupreme Court of Arkansas · 1920
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Lyons v. SmithSupreme Court of Arkansas · 1928
- Chicago, Rock Island & Pacific Railway Co. v. AllisonSupreme Court of Arkansas · 1915
5 more not listed; retrieve them via the Exa API.