St. Louis, Iron Mountain & Southern Railway Co. v. Buckner
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Henry W. Wells, Judge; 1. Appellee’s testimony, detailing the causes of her mental worry, the fear of death, the fact that she had a sister to die of consumption, the fear that she herself was going into consumption, etc., was clearly incompetent and prejudicial.
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Appeal from Chicot Circuit Court; Henry W. Wells, Judge; 1. Appellee’s testimony, detailing the causes of her mental worry, the fear of death, the fact that she had a sister to die of consumption, the fear that she herself was going into consumption, etc., was clearly incompetent and prejudicial. “To recover damages on account of the unintentional negligence of another, it must appear that the injury was the natural and probable consequence thereof, and that it ought to have been foreseen in the light of attending circumstances. 69 Ark. 405. Mental pain is a proper element of damages only…
1Opinion of the CourtWood, J.
Appellee was a passenger on appellant’s train from Lake Village to Dermott. She had to change cars at Halley’s Station. She arrived there at one o’clock, p. M. and waited until 3125 .p. m. for the train to Dermott. She alleged that the negligence of appellant in failing to keep its waiting room at Halley’s Station comfortably heated caused her great bodily pain and mental anguish, that upon her arrival at home she was prostrated with cold and fever caused by the negligence of appellant as above alleged, and that since that time she has been an invalid. She sued appellant, laying her damages…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Chicago City Ry. Co. v. AndersonAppellate Court of Illinois · 1899
- City of Decatur v. HamiltonAppellate Court of Illinois · 1900
3Cited by9 opinions
- Arkansas Valley Trust Co. v. McIlroySupreme Court of Arkansas · 1911
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Hayes v. Mo. Pac. Rd. Co., Thompson, TrusteeSupreme Court of Arkansas · 1945
- Miles v. American Railway Express Co.Supreme Court of Arkansas · 1921
- Oak Leaf Mill Co. v. LittletonSupreme Court of Arkansas · 1912
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