St. Louis, Iron Mountain & Southern Railway Co. v. Jackson
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. These suits are for damages for personal injuries ■alleged to have ¡been caused by the .assault of an employee of the railroad company, .a porter on the train, on appellees passengers thereon. Frank Patterson .and Andrew Jackson boarded the train at Pine Bluff, after purchasing tickets, the one to • Dermott and the other to Noble Lake.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. These suits are for damages for personal injuries ■alleged to have ¡been caused by the .assault of an employee of the railroad company, .a porter on the train, on appellees passengers thereon. Frank Patterson .and Andrew Jackson boarded the train at Pine Bluff, after purchasing tickets, the one to • Dermott and the other to Noble Lake. As Patterson started into the coach, he was struck by the negro porter because he did hot move rapidly enough on the crowded platform. He went on in with his bundles and packages and…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the verdict of the jury awarding compensatory darniaiges in the Patterson case is excessive, 'and that exemplary damages can not be recovered in any event for the malicious ¡tort of its servant, acting it is claimed without the scope of his employment.
Some instructions are also complained of that will be discussed later.
The passenger, Patterson, was thrice fiercely assaulted and without provocation, as the jury might have found, by appellant’s train porter after he had taken his seat in the oar and bruised and beaten until he was “…
2Cases cited6 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Pine Bluff & Arkansas River Railway Co. v. WashingtonSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. DowgialloSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dixie Motor Coach Corp. v. Toler, JudgeSupreme Court of Arkansas · 1939
- Interurban Transportation Co. v. ReevesSupreme Court of Arkansas · 1937
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1940