St. Louis Southwestern Railway Co. v. Knight
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; George M. Chapline, Judge; 1. Conceding that the appellee’s testimony is true, still, in view of the facts that he was earning at the time only $45 per month, and that the distance was only about two miles, which he could walk in not exceeding one hour; and in view of the further facts that he could have remained on the train with the loss of only one day’s time, and that he voluntarily debarked from the train, knowing the condition of the…
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Appeal from Prairie Circuit Court; George M. Chapline, Judge; 1. Conceding that the appellee’s testimony is true, still, in view of the facts that he was earning at the time only $45 per month, and that the distance was only about two miles, which he could walk in not exceeding one hour; and in view of the further facts that he could have remained on the train with the loss of only one day’s time, and that he voluntarily debarked from the train, knowing the condition of the weather, the verdict was not only excessive, but appellee ought not to have recovered at all because of his own…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment in favor of S. H. Knight against the defendant railway company. On the 4th day of March, 1902, Knight took passage on the train of defendant from Stuttgart to Ulm, both places being on the line of defendant’s railway. When the train arrived at Ulm, through some oversight the train did not stop, and plaintiff was carried two miles past the station. It was a rainy and disagreeable day for walking, but, as plaintiff had arranged for a buggy to meet him at Ulm, and as the circumstances made it very inconvenient for him not to stop there, he alighted from the…
2Cases cited1 opinion
- Kansas City Southern Railway Co. v. MarxSupreme Court of Arkansas · 1904
3Cited by6 opinions
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Kansas City Southern Railway Co. v. CobbSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1910
- Midland Valley Railroad v. HortonSupreme Court of Arkansas · 1914
- Chicago, Rock Island & Pacific Railway Co. v. Consumers Coal Co.Supreme Court of Arkansas · 1917
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