St. Louis, Iron Mountain & Southern Railway Co. v. Oliver
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; There was no negligence shown on the part of appellant; therefore the case should not have been submitted -to the jury. .4 Elliott on Railroads, § 1589a; 76 Fed. 734; 96 Minn. 434; 118 Mo.
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Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; There was no negligence shown on the part of appellant; therefore the case should not have been submitted -to the jury. .4 Elliott on Railroads, § 1589a; 76 Fed. 734; 96 Minn. 434; 118 Mo. App. 239; 94 S. W. 293. .When the facts are undisputed, and only one inference can be drawn from them, negligence is a question of law for the court. 84 Pac. 1026; 44 Kans. 586; 69 Ark. 562. The fact that the trap door was open was not, of itself, proof of negligence on the part of appellant. 84 Pac. 1124. Passengers have a right to assume that…
1Opinion of the CourtFrauenthal, J.
On the night of December 13, 1907, O. D. Oliver, the plaintiff below, -secured passage on one of defendant’s passenger trains from Malvern to Benton. While passing out of the chair car to the smoker ahead, he fell in an open trap door in the vestibule between the cars, and was severely injured. The cars of the trains were vestibuled; that is, they were provided with outer doors at each side of the coach platforms and with trap doors over the steps. When the train was in motion, these outer vestibule doors would be closed, and the trap doors closed down so as to cover the steps at the end of…
2Cases cited8 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Robinson v. United States Benevolent SocietyMichigan Supreme Court · 1903
- Northern Pac. Ry. Co. v. AdamsCourt of Appeals for the Ninth Circuit · 1902
- George v. St. L., I. M. & S. R'y Co.Supreme Court of Arkansas · 1879
- Crandall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
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3Cited by12 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ConleyTexas Supreme Court · 1924
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- The Pennsylvania Railroad Company v. Robert Livingston Pomeroy, of the Estate of Elizabeth Eagan PomeroyCourt of Appeals for the D.C. Circuit · 1957
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Alldread v. MillsSupreme Court of Arkansas · 1947
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