Little Rock & Fort Smith Ry. v. Atkins
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Circuit Judge. , Appellee’s plain duty was to have informed the conductor that she needed assistance to- get off the train, and then to have waited for him to stop the train and come to her assistance, and if he failed to do this, as is claimed in this case, and caused the train to start without giving her opportunity to get off with that degree of care that it was proper should have been exercised by a person in her…
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APPEAL from Johnson Circuit Court. Hon. G. S. Cunningham, Circuit Judge. , Appellee’s plain duty was to have informed the conductor that she needed assistance to- get off the train, and then to have waited for him to stop the train and come to her assistance, and if he failed to do this, as is claimed in this case, and caused the train to start without giving her opportunity to get off with that degree of care that it was proper should have been exercised by a person in her feeble condition, it was her duty to have remained on the car. It is true that the court, in the second instruction…
1Opinion of the CourtSmith, J.
Atkins and wife recovered a verdict and judgment for $1,200 on account of injuries sustained by the female plaintiff in alighting from one of the defendant’s trains. The answer denied negligence on the part of' the company’s servants, and alleged that the plaintiff was-guilty of contributory negligence.
The object of the appeal being to test the correctness of the instructions that were given and refused, we state.so much of the evidence as is necessary to show their relevancy.
Mrs. Atkins was a passenger bound for Knoxville, a station on the defendant’s road, which the train reached, in…
2Cases cited3 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Cumberland Valley Railroad v. MaugansCourt of Appeals of Maryland · 1883
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1882
3Cited by13 opinions
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
- Louisville, Evansville & St. Louis Consolidated Railroad v. BeanIndiana Court of Appeals · 1894
- Young v. BaldwinCourt of Appeals for the Eighth Circuit · 1936
- Central Coal & Coke Co. v. BurnsSupreme Court of Arkansas · 1919
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