St. Louis, Iron Mountain & Southern Railway Co. v. Tukey
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. J. B. Tukey, a traveling salesman, .bought a ticket from Batesville to New Augusta, Arkansas, on the 31st of July, 1913, and changed cars at Newport.
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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. J. B. Tukey, a traveling salesman, .bought a ticket from Batesville to New Augusta, Arkansas, on the 31st of July, 1913, and changed cars at Newport. "When he attempted to board appellant’s train, there wtas a woman passenger in front of him .and he and the other passengers, who were all impatient, were detained while the /brakeman waited for the lady to .search in her bag for a ticket, which she feared was lost. Tukey with his personal 'bagigage and sample grips, two in one hand and one in the other, started to…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted for reversal that there is no liability against the railroad company for the arrest of appellee, .the brakeman being without authority to cause the arrest, and 'that the testimony shows the /arrest was in fact made by the peace officer.
C., R. I. & P. Railway Company v. Nelson, 87 Ark. 524, is relied on in support of appellant’s contention. There the arrest was caused by the gateman at the depot, who refused to allow the persons to pass through the gate /and take the train because the tickets presented by them had already been punched, and…
2Cases cited1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. NelsonSupreme Court of Arkansas · 1908
3Cited by3 opinions
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Manning v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1938
- Interurban Transportation Co. v. ReevesSupreme Court of Arkansas · 1937