St. Louis Southwestern Railway Co. v. Hammett
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; 1. Plaintiff was never a passenger on the train within the rule established by law. The relation of passenger and carrier is contractual, and there must be an offer and acceptance as a passenger.
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Appeal from Greene Circuit Court; Frank Smith, Judge; 1. Plaintiff was never a passenger on the train within the rule established by law. The relation of passenger and carrier is contractual, and there must be an offer and acceptance as a passenger. The failure to procure a ticket did not warrant an attempt to force himself upon the train in the face of the advice of the conductor. 21 Ark. 164. A verdict should have been directed for defendant. 132 Mass. 116; 43 111. 176. 2. One cannot enter a train with the expectation that 'he would be put off and then recover for wounded feelings. 82 Ark.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff was ejected from one of defendant’s passenger trains just as he boarded it at Marrnaduke, Arkansas, and he sues for the damages alleged to have been sustained by reason of "such ejection. The trial jury assessed damages in the sum of $100, and defendant appealed.
Plaintiff went to the railroad station at Marmaduke for the purpose of taking passage on the train to Paragould. He reached the -station about ten minutes before the train was due, but as the agent was not there he could not purchase a ticket. The agent returned just as the train arrived. He had been over to ■the…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis & San Francisco Railroad v. BlytheSupreme Court of Arkansas · 1910
- Brenner v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1909
3Cited by6 opinions
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1914
- Simmons v. LuskSupreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railway Co. v. BlundellSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. DeWittSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. GreenSupreme Court of Arkansas · 1913
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