Railway Co. v. Murray
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. James M. Pittman, Judge. STATEMENT BY THE COURT. ■Murray sued the St. Louis & San Francisco Railway Company for damages which were occasioned by the negligence of the company in operating its trains. At the trial evidence was adduced tending to prove the following facts : On the 29th of November, 1887, plaintiff was a passenger on the defendant’s train from Delaney to St. Paul.
Read the full summary
APPEAL from Washington Circuit Court. James M. Pittman, Judge. STATEMENT BY THE COURT. ■Murray sued the St. Louis & San Francisco Railway Company for damages which were occasioned by the negligence of the company in operating its trains. At the trial evidence was adduced tending to prove the following facts : On the 29th of November, 1887, plaintiff was a passenger on the defendant’s train from Delaney to St. Paul. One and a half or two miles from St. Paul the train, immediately after it passed a curve in the road, stopped and remained standing for a short while. This was in the night. There…
1Opinion of the Court
Battle, J.,
after stating the facts as above reported.
1. Liability o e railroad for frightening;pas-It is contended, on the part of appellant, that, if the train , on which appellee was a passenger was standing still upon the track and the engine and caboose approaching it from the rear were under full control of those in charge of them, and the persons in charge were keeping a proper lookout and could have stopped them, at the rate of speed at which they were running, at any time, without collision, the appellee had no cause of action, notwithstanding he was frightened and leaped from the…
2Cases cited9 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Twomley v. . C.P.N. and E.R.R.R. Co.New York Court of Appeals · 1877
- Hatch v. FullerMassachusetts Supreme Judicial Court · 1881
- Bridge v. City of OshkoshWisconsin Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Bush v. BrewerSupreme Court of Arkansas · 1918
16 more not listed; retrieve them via the Exa API.