St. Louis, Iron Mountain & Southern Railway Co. v. Beecher
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District. Richard A. Powell, Judge. - The only class of persons to whom a railway company owes the exercise of “the highest degree of care, diligence and skill in running and operating its trains" is that of passengers.
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Appeal from Lawrence Circuit Court, Eastern District. Richard A. Powell, Judge. - The only class of persons to whom a railway company owes the exercise of “the highest degree of care, diligence and skill in running and operating its trains" is that of passengers. To all others it is owes only ordinary care, etc. 46 Ark. 555; 48 Ark. 493; 59 Ark. 103; 48 Ark. 493; Sand. & H. Dig., § 6207; 49 Ark. 257; 54 Ark. 431; 11 C. C. A. 554; 34 Ark. 625. Tbe relation of passenger and carrier had ceased at the time of the accident. Hence, the court should not have given an instruction declaratory of a…
1Opinion of the CourtBunn, C. J.
This is a suit for $15,000 damages to the next of kin for the killing of Rebecca Taclcwell, plaintiff’s -intestate. Verdict and judgment for $1,500, and the defendant railway company appealed.
There is evidence to sustain the allegation that the deceased was killed by the negligent, running and operation of defendant’s train, and there is also evidence of contributory negligence on the part of the deceased which contributed directly to her death. This being true, and there being no question as to the admissibility of testimony offered in evidence, the case turns on the giving and refusing of…
2Cited by7 opinions
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