Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Dare

Supreme Court of Arkansas

Decided June 26, 1911PublishedCited by 1 opinion

Appeal from Pope Circuit Court; Hugh Basham, Judge; Parties are presumed to contract with reference to existing laws. 28 Ark. 387. The conductor in refusing to accept appellee as a passenger in a drunken condition merely discharged his duty under existing law. Acts 1907, p. 290, § 1; Acts 1909, p. 100; 93 Ark. 306. The court’s instruction to find for plaintiff “in any event -the sum of $2.23,” the price of the ticket, was erroneous.

1Opinion of the CourtHart, J.

Appellee sued appellant to recover damages alleged to have been sustained by him in being refused admission as a .passenger on one of appellant’s trains. Appellee testifies that on the second of October, 1908, 'he bought a ticket from appellant’s agent at Russellville, Ark., from that place to Little Rock; that the conductor of the passenger train .at whioh he presented himself for passage refused to permit him to enter the train and become a passenger, alleging as his reason therefor that he was drunk. Appellee denies that he was drunk. He admits that he did not present the ticket to…

2Cases cited1 opinion

  1. St. Louis, Iron Mountain & Southern Railway Co. v. HudsonSupreme Court of Arkansas · 1910

3Cited by1 opinion

  1. Dickinson v. MuseSupreme Court of Arkansas · 1918

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