St Louis Iron Mountain & Southern Railway Co. v. Needham
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; G. W. Hendricks, Judge; 1. A verdict should have (been directed for defendant. Plaintiff was carried by her station, Kensett, throug’h her own negligence; and the evidence shows no negligence whatever of any of defendants’ servants. It is the duty of a passenger to ascertain the station of his destination; whether the train stops there; and to notify the officers of the train where she desired to stop.
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Appeal from Pulaski Circuit Court; G. W. Hendricks, Judge; 1. A verdict should have (been directed for defendant. Plaintiff was carried by her station, Kensett, throug’h her own negligence; and the evidence shows no negligence whatever of any of defendants’ servants. It is the duty of a passenger to ascertain the station of his destination; whether the train stops there; and to notify the officers of the train where she desired to stop. She made no inquiry at the ticket office nor of the train officers and is not entitled to recover, because of her own negligence. 82 Ark. 598; 84 Id. 436; 47…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Needham, became a passenger on one of the defendant’s trains enroute to Heber Springs, a station on the Missouri & North Arkansas Railway, and was carried 'beyond the junction where she should have changed cars. This is an action to recover damages alleged to have been sustained by reason of negligent failure on the part of defendant’s servants to notify plaintiff of the necessity for changing cars at Kensett, the junction of the two roads. The case was tried before a jury and the result was a verdict against the defendant, and from the judgment rendered thereon the…
2Cases cited4 opinions
- Central of Georgia Ry. Co. v. AshleySupreme Court of Alabama · 1909
- St. L., I. M. & S. Ry. v. AtchisonSupreme Court of Arkansas · 1885
- Rock Island, Arkansas & Louisiana Railroad v. StevensSupreme Court of Arkansas · 1907
- Jewell v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
3Cited by2 opinions
- Kansas City Southern Railway Co. v. PhillipsSupreme Court of Arkansas · 1927
- Davis v. WellsSupreme Court of Arkansas · 1923