St. Louis, Iron Mountain & Southern Railway Co. v. Holmes
Supreme Court of Arkansas
Appeal from Desha Circuit Court; T. Bernhardt, Special Judge; statement oe the court. The appellee, according to the evidence of himself and other witnesses, was in the act of boarding one of appellant’s combination freight and passenger trains at Watson station for the purpose of taking passage to Yoncapin.
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Appeal from Desha Circuit Court; T. Bernhardt, Special Judge; statement oe the court. The appellee, according to the evidence of himself and other witnesses, was in the act of boarding one of appellant’s combination freight and passenger trains at Watson station for the purpose of taking passage to Yoncapin. Appellee had mounted the steps, and'had reached the platform, and was “fixing to go in the door of the coach” when the train made a “bump,” “a big bump,” “ia hard coupling,” a “jerk,” “considerable of a jerk,” an “awful hard jerk,” as the witnesses for appellee variously describe it. This…
1Opinion of the Court
Wood, J.,
(after stating the facts). Witnesses for appellant testified that it was unnecessary in the proper operation of the train to start same with a jerk. Then, if the train did start with a jerk, as the witnesses for appellee testified, this was evidence of -negligence on the part of appellant, and if the injury of appellee was the result of this negligence, as the evidence tended to prove, then appellant was liable. The questions of negligence and contributory -negligence were properly submitted f-or determination by -the jury and upon -correct declarations of law.
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2Cases cited13 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Babcock v. FlowersSupreme Court of Florida · 1940
- Arkansas Power & Light Co. v. MartSupreme Court of Arkansas · 1933
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
- Díaz v. ArroyoSupreme Court of Puerto Rico · 1936
2 more not listed; retrieve them via the Exa API.