St. Louis, Iron Mountain & Southern Railway Co. v. Stell
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Henry W. Wells, Judge; statement by the court. McS'awyer Stell brought suit for personal injuries against appellant railroad company. Appellee’s statement of how the injury occurred is as follows: He was at Collins, a station on appellant’s road, where he had been doing some dental work.
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Appeal from Chicot Circuit Court; Henry W. Wells, Judge; statement by the court. McS'awyer Stell brought suit for personal injuries against appellant railroad company. Appellee’s statement of how the injury occurred is as follows: He was at Collins, a station on appellant’s road, where he had been doing some dental work. He carried his two grips over to the depot, and set them down close to where he thought the train would stop.' While waiting for the train to arrive, he stood there talking to some acquaintances. When the train arrived, he waited for the passengers to get off before 'he…
1Opinion of the CourtHart, J.
(after stating the facts.) The principal contention of appellant is that the trial court erred in instructing the jury that if it should find from the evidence that appellee fell while entering appellant’s train by reason of the running or moving of said train, and was injured thereby, then the presumption is that the appellee received said injury on .account of the negligence of appellant, provided appellee was not guilty of contributory negligence himself.
There was no error in this. A like instruction was approved by this court in the case of Choctaw, Oklahoma & Gulf Rd. Co. v. Hickey, 81…
2Cases cited2 opinions
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
3Cited by10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Graftenreed v. SeabaughCourt of Appeals of Arkansas · 2007
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- United States Casualty Co. v. Johnston Drilling Co.Supreme Court of Arkansas · 1923
- Huckaby v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
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