St. Louis, Iron Mountain & Southern Railway Co. v. Briggs
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Francis Briggs, a colored woman, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for injury sustained by her in alighting from the company’s train. The facts as stated by plaintiff are as follows : On the 5th day of January, 1906, she was a passenger on defendant’s train, going from Hope, Arkansas, to Emmett, Arkansas.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Francis Briggs, a colored woman, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for injury sustained by her in alighting from the company’s train. The facts as stated by plaintiff are as follows : On the 5th day of January, 1906, she was a passenger on defendant’s train, going from Hope, Arkansas, to Emmett, Arkansas. The train arrived at Emmett at 10 o’clock in the night time. The train porter called the station. She went out of the door of the coach as…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant assign as error that there is no evidence of negligence on the part of the company; In response to this argument,'it is only necessary to state that where a train is started while a passenger is attempting to alight from it, and he is thereby injured, a prima facie case of negligence is made against the company, in contemplation of section 6773 of Kirby’s Digest, providing that railroads shall be responsible for all damages to persons or property caused by the running of trains in this State. Kansas City Southern Ry. Co. v. Davis, 83…
2Cases cited5 opinions
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Fordyce v. MerrillSupreme Court of Arkansas · 1887
- Railway Co. v. TankersleySupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. BattleSupreme Court of Arkansas · 1901
3Cited by9 opinions
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- Kansas City Southern Ry. Co. v. ClintonCourt of Appeals for the Eighth Circuit · 1915
- Huckaby v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. FambroSupreme Court of Arkansas · 1908
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