Legal Opinion · Dissent

St. Louis-San Francisco Railway Co. v. Fletcher

Supreme Court of Arkansas

Decided May 14, 1923Published

1DissentMcCulloch, C. J.

The decision of the majority is, I think, an unwarranted extension of what is usually termed the doctrine of “the turntable cases.” Railway Co. v. Stout, 17 Wall. 657. This doctrine has been heretofore applied with hesitation and caution by this court and most other courts, and the conclusion now announced by the majority is in conflict with those decisions. Abbott v. Van Meter, 142 Ark. 601; United Zinc & Chemical Co. v. Britt, 258 U. S. 268.

Liability of a landowner has, in such cases, been imposed, not on account of dangerous defects or agencies allowed to exist on the premises, but because…

2Cases cited3 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
  3. Abbott v. VanmeterSupreme Court of Arkansas · 1920

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