Railway v. Adcock
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. Adcox brought this action against the St. Louis, Iron Mountain and Southern Railway Company, to recover damages sustained by reason of the defendant’s passenger train No. 1 refusing to stop at Higginson Station in the night time, for the purpose of taking the plaintiff on after it had been properly flagged.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. Adcox brought this action against the St. Louis, Iron Mountain and Southern Railway Company, to recover damages sustained by reason of the defendant’s passenger train No. 1 refusing to stop at Higginson Station in the night time, for the purpose of taking the plaintiff on after it had been properly flagged. The evidence shows that Higginson was a small way station, comprising three or four houses, and that day passenger trains stopped there only when flagged. It was without telegraphic communication, and situated only three miles south of…
1Per curiam
1. Railroads : Regulation as to flag stations. 2. Same. The refusal of a railway company to designate as a flag station for its through trains a place which is not an incorporated town, which contains only a few houses- and is situated within three miles of a regular station, is not an-unreasonable regulation. The facts being uncontroverted, it was the province of the court to declare the regulations reasonable. To submit -the question to the jury for determination, under such circumstances, was simply to leave the matter to their discretion, which was error.
3 Failure to stop for passenger.…
2Cited by10 opinions
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
- Railway Co. v. HammondSupreme Court of Arkansas · 1894
- Kenefick-Hammond Co. v. RohrSupreme Court of Arkansas · 1905
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