St. Louis, Iron Mountain & Southern Railway Co. v. Hix
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. By Ms own testimony the appellee was negligent in attempting to board the moving train, and is not entitled to recover. 2 Hutchinson on Carriers, § 1111; 2 White, Pers.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. By Ms own testimony the appellee was negligent in attempting to board the moving train, and is not entitled to recover. 2 Hutchinson on Carriers, § 1111; 2 White, Pers. Inj. 687, 692; 1 Fetter on Carriers of Passengers, 378, § 149; 67 Miss. 601, 7 So. 401; 122 Ga. 226, 50 S. E. 99; 100 Ala. 506; 145 S. E. 268; 108 N. C. 34, 12 S. E. 958; 69 S. C. 445, 48 S. E. 466. 2. The verdict is not supported by any evidence that the train did not stop. The testimony of Hix and Ward to that effect is not positive but a mere conclusion, while…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, H. L. Hix, is a traveling salesman, and on January 7, 1910, purchased a ticket at Pyatt, a station on defendant’s road in Marion County, Arkansas, preparatory to taking passage on one of defendant’s passenger trains from that station to Batesville. He failed to board the train because, as he claimed, it did not stop; and, as-he attempted to board it while it passed slowly by, he was thrown down and injured. He sued the railroad company to recover damages resulting from his physical injuries and also damages alleged to have resulted from interruption of his journey. The cause oí…
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