St. Louis, Iron Mountain & Southern Railway Co. v. Osborn
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. STATEMENT BY THE COURT. This action was brought by Thomas H. Osborn against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries which he alleged were occasioned to him by being ejected from its platform and depot at Little Rock on the 6th day of August, 1894. The plaintiff testified that he had purchased a ticket and was traveling to Benton, Ark.
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Appeal from Hot Springs Circuit Court. STATEMENT BY THE COURT. This action was brought by Thomas H. Osborn against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries which he alleged were occasioned to him by being ejected from its platform and depot at Little Rock on the 6th day of August, 1894. The plaintiff testified that he had purchased a ticket and was traveling to Benton, Ark. When the train stopped at Little Rock, to permit passengers to get dinner, he stepped upon the platform on his way to the dining room of the restaurant. While on the platform…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) There is no doubt that the railway company had the right to prohibit soliciting for hotels upon its ears and depot platforms. (Landigran v. State, 31 Ark. 50.) But the question as to whether the plaintiff was “soliciting” at the time of his ejection was submitted to the jury, and their finding was in favor of the plaintiff. Although the finding seems to us to be against the preponderance of the evidence, still it has evidence to support it, and, being properly submitted to the jury, the decision of the jury is binding upon us. We must therefore take it…
2Cases cited1 opinion
- Landrigan v. StateSupreme Court of Arkansas · 1876
3Cited by6 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Washington County v. DaySupreme Court of Arkansas · 1938
- Scott v. MooreSupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. ByrneSupreme Court of Arkansas · 1904
- Kansas City Terminal Railway Co. v. JamesSupreme Court of Missouri · 1923
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