St. Louis Southwestern Railway Co. v. Leflar
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. The rule with reference to the skill, diligence and foresight which a railway company must employ to provide for its passéngers a reasonably safe track and equipment and to maintain them in a reasonably safe condition does not go to the length of requiring it to anticipate every possible accident. 52 Ark. 517-524. A carrier of passengers is not an insurer of their safety. 57 Ark. 418, 422. 2. If it be conceded that…
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Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. The rule with reference to the skill, diligence and foresight which a railway company must employ to provide for its passéngers a reasonably safe track and equipment and to maintain them in a reasonably safe condition does not go to the length of requiring it to anticipate every possible accident. 52 Ark. 517-524. A carrier of passengers is not an insurer of their safety. 57 Ark. 418, 422. 2. If it be conceded that there was a defect in the equalizer bar, the testimony entirely fails to show that it could have been discovered, even…
1Opinion of the CourtKirby, J.
Appellee brought this suit for damages for personal injuries alleged to have been caused by the derailment of appellant’s train, upon which he was a passenger.
As the train came into Brinkley, an “equalizer” on one of the cars broke, dropped down and dragged along until it struck a switch rail and prized and opened it to such an extent as to cause the derailment of four coaches, which turned over. Appellee was a passenger in one of these coaches, and, when the car began to jolt, grabbed the back of the seat, and, as he did so, the car turned over, throwing him against the side and top of it…
2Cases cited1 opinion
- Railway Co. v. MitchellSupreme Court of Arkansas · 1893
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- Rose v. StateSupreme Court of Arkansas · 1916
- Collins v. StateSupreme Court of Arkansas · 1920