Hobbs v. Texas & Pacific Ry. Co.
Supreme Court of Arkansas
APPEAL from 'Miller Circuit Court. A. B. Williams, Judge. 1. No rule or regulation of a railroad company is binding on the public unless observed and enforced by the company. Where a regulation is notoriously violated every day so that the public is taught to act as though no such -rule existed, they have a right to presume that such a rule has been dispensed with.
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APPEAL from 'Miller Circuit Court. A. B. Williams, Judge. 1. No rule or regulation of a railroad company is binding on the public unless observed and enforced by the company. Where a regulation is notoriously violated every day so that the public is taught to act as though no such -rule existed, they have a right to presume that such a rule has been dispensed with. Where such a rule is made the railroad must see that their servants observe it, or make some effort to enforce it. 11 A. & E. R. Cases, igf; 48 Ark., 348. It was improper to eject appellant at a place other than a usual stopping…
1Opinion of the CourtCockrill, C. J.
It was a published rule of the Texas & Pacific Railway Company that passengers were forbidden to ride on through freight trains; The same rule forbade conductors from receiving or carrying them on such trains. Hobbs, the appellant, boarded one of the company’s through freight trains as it stood in the company’s yard, where it it was made up, at Texarkana. He was not (observed by the conductor until the train had gone six or eight miles on its journey, when the train was stopped in the neighborhood of a way station, and Hobbs got off at the command of the conductor, alter tendering his fare…
2Cases cited2 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
3Cited by8 opinions
- Smith v. Louisville, Evansville & St. Louis RailroadIndiana Supreme Court · 1890
- Railway Co. v. HammondSupreme Court of Arkansas · 1894
- Kruse v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Cross v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- Richmond v. Southern Pacific Co.Oregon Supreme Court · 1902
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