St. Louis, I. M. & S. R. R. v. Cantrell
Supreme Court of Arkansas
APPEAL from Olay Circuit Court. Hon. L. L. Mack, Circuit Judge. STATEMENT. This was an action by the appellee against the appellant for damages for a personal injury sustained,- through the negligence and misconduct of the defendant’s train conductor, in causing him to alight from the train while it was in motion. The defendant denied the negligence, and averred that the injury resulted from the plaintiff ’s own negligence.
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APPEAL from Olay Circuit Court. Hon. L. L. Mack, Circuit Judge. STATEMENT. This was an action by the appellee against the appellant for damages for a personal injury sustained,- through the negligence and misconduct of the defendant’s train conductor, in causing him to alight from the train while it was in motion. The defendant denied the negligence, and averred that the injury resulted from the plaintiff ’s own negligence. The plaintiff was a passenger from Little Rock to Knoble Station, in Clay county, and testified that the train arrived at the station about ten o’clock at night. The…
1Opinion of the CourtHarrison, J.
It was clearly the duty of those in charge of the defendant’s train, upon its arrival at Knobel, to stop the same opposite the platform, that the plaintiff might get off.
On the other hand, it may, as a general proposition, be said, that it is imprudent, and a want of proper care, to alight from a train while it is in motion ; but whether it was so in a particular case must depend upon the circumstances ¡under which the attempt was made. Crissey v. Passenger Railway Co., 75 Penn. St., 83. It would not be so if the "train was moving so slowly that no damage could be reasonably apprehended.
But…
2Cases cited4 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Peoria Bridge Ass'n v. LoomisIllinois Supreme Court · 1858
- Lambeth v. North Carolina Rail RoadSupreme Court of North Carolina · 1872
3Cited by21 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Scott v. ShairrickSupreme Court of Arkansas · 1952
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