Cleveland v. Pine Bluff, Arkansas River Railway Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellant instituted this suit.against appellee to recover damages for injuries received by her while riding upon one of appellee’s hand-cars on its line of railroad. The facts shown by the appellant and her witnesses are substantially as follows: Appellant was a midwife and had been nursing the wife of A. S. Desha, a section foreman on appellee’s line of railroad.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellant instituted this suit.against appellee to recover damages for injuries received by her while riding upon one of appellee’s hand-cars on its line of railroad. The facts shown by the appellant and her witnesses are substantially as follows: Appellant was a midwife and had been nursing the wife of A. S. Desha, a section foreman on appellee’s line of railroad. On the day she was injured she was at Mr. Desha’s house and deciding, to return home, Mr. Desha had the section hands to bring out the hand-car…
1Opinion of the Court
Hart, J.,
(after stating the facts). The instructions of the court took away from the jury every question of fact except that based upon the doctrine of discovered peril, and this action of the court is assigned as error by counsel for appellant. The undisputed evidence shows that the railroad company did not operate its hand-cars for the carriage of passengers and that the rules of the company forbade their use for that purpose. It is conceded by counsel for appellant that a person, taking a ride on the hand-car with the foreman’s assent merely, could not be regarded as a passenger and that…
2Cases cited4 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- Rathbone v. Oregon RailroadOregon Supreme Court · 1901