St. Louis, Iron Mountain & Southern Railway Co. v. Dare
Supreme Court of Arkansas
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
- St. Louis, Iron Mountain & Southern Railway Co. v. HudsonSupreme Court of Arkansas · 1910
3Cited by1 opinion
- Dickinson v. MuseSupreme Court of Arkansas · 1918