Fourche River Valley & Indian Territory Railway Co. v. Camp
Supreme Court of Arkansas
Appeal from Perry Circuit Court-,.G. W. Hendricks, Judge; The court erred in giving instruction No. 1 for plaintiff. Defendant was required to exercise only the highest degree of care consistent with the operation of a mixed log and passenger train. 105 Ark. 276. 1. The instruction complained of has often been approved by our courts. 99 Ark. 366; 119. Id. 392, and many others too numerous to cite. 2. None of the instructions have been abstracted by appellant’s counsel and…
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Appeal from Perry Circuit Court-,.G. W. Hendricks, Judge; The court erred in giving instruction No. 1 for plaintiff. Defendant was required to exercise only the highest degree of care consistent with the operation of a mixed log and passenger train. 105 Ark. 276. 1. The instruction complained of has often been approved by our courts. 99 Ark. 366; 119. Id. 392, and many others too numerous to cite. 2. None of the instructions have been abstracted by appellant’s counsel and the judgment should be affirmed. 206 S. W. 69.
1Opinion of the CourtMcCULLOCH, J.
Appellee instituted this action against appellant railway company to recover compensation for personal injuries received while he was a passenger on one of appellant’s trains en route from Thomburg to Bigelow. It was a mixed train, hauling logs and other freight, and carrying a coach for the accommodation of passengers. The passenger coach was derailed and appellee sustained serious personal injuries.
The charge of negligence in the complaint is that appellant “permitted the roadbed, track, rails and ties to deteriorate, to become defective and the rails spread, rendering the same unsafe for…
2Cases cited3 opinions
- Arkansas Midland Railway v. CanmanSupreme Court of Arkansas · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. PurifoySupreme Court of Arkansas · 1911
- Dillahunty v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1915
3Cited by1 opinion
- Little Rock Land Company v. RaperSupreme Court of Arkansas · 1968