Arkansas Southwestern Railroad v. Wingfield
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The third instruction given at appellee’s request involves a contradiction of ideas, in stating to the jury that in taking passage on a mixed train appellee “assumed the risk of necessary and usual jolts and jars” incident to the operation of such a train, and then proceeding to tell them that the appellent was, nevertheless, held to the exercise “of the same high degree of care in the handling of said train as if she…
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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The third instruction given at appellee’s request involves a contradiction of ideas, in stating to the jury that in taking passage on a mixed train appellee “assumed the risk of necessary and usual jolts and jars” incident to the operation of such a train, and then proceeding to tell them that the appellent was, nevertheless, held to the exercise “of the same high degree of care in the handling of said train as if she were riding on a regular tráin,” etc. Such an instruction destroys all distinction between the handling of the two…
1Opinion of the CourtBattle, J.
This is an appeal by the Arkansas Southwestern Railroad Company from a judgment against it in favor of Mrs. W. H. Wingfield for injuries alleged to have been received by her from a sudden jolt caused by the coupling of a mixed freight and passenger train in which she had taken her seat as a passenger and was sitting at the time of the injury.
The facts as shown by the evidence in the trial of the action were substantially as follows: “In January, 1908, the appellee took passage at Smithton, Arkansas, upon a mixed train on appellant’s road. Two seats were turned facing each other, and she and…
2Cases cited4 opinions
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
- Arkansas Central Railroad v. JansonSupreme Court of Arkansas · 1909
3Cited by16 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Kelley v. StateSupreme Court of Arkansas · 1920
- Fort Smith & Western Railway Co. v. MessekSupreme Court of Arkansas · 1910
- Scullin v. ViningSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
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