St. Louis, Iron Mountain & Southern Railway Co. v. Barnett
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District. Felix G-. Taylor, Judge. Railroad companies are not insurers of tlie safety of persons rightfully on their - platforms. The only duty they owe such persons is to use ordinary care to keep their platforms, etc., in safe condition. 48 Ark. 493; 61 Ark. 155; 55 Ark. 432; ib. 19; 13 Peters, 181; Thomp.
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Appeal from Clay Circuit Court, Western District. Felix G-. Taylor, Judge. Railroad companies are not insurers of tlie safety of persons rightfully on their - platforms. The only duty they owe such persons is to use ordinary care to keep their platforms, etc., in safe condition. 48 Ark. 493; 61 Ark. 155; 55 Ark. 432; ib. 19; 13 Peters, 181; Thomp. Car. of Pass. 124, 183, 199; 56 N. Y. 655; 11 Allen, 312. The duty of exercising the highest degree of care, and diligence continues only during the transportation on the cars. Thomp. Car. Pass. 104; 57 Ark. 298. There is an utter failure to prove…
1Opinion of the CourtWood, J.
This suit is to recover damages for personal injuries produced by the alleged negligence of appellant in keeping a defective platform. The answer denied negligence, and charged appellee with contributory negligence. The evidence on behalf of the appellee tended to show that, as she debarked from one of appellant’s trains at Corning station, she was injured in stepping upon a plank of the platform which was loose and tilted to one side, thereby letting her fall. The plank was at the edge of the platform. It lay straight with the track. One of the witnesses testified: “The "plank was loose;…
2Cases cited9 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Moreland v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1886
- Central Railroad & Banking Co. v. RylesSupreme Court of Georgia · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- Bruder v. StateSupreme Court of Arkansas · 1913
- Darden v. StateSupreme Court of Arkansas · 1904
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. FuquaSupreme Court of Arkansas · 1914
32 more not listed; retrieve them via the Exa API.