St. L., I. M. & S. Ry. Co. v. Fairbairn
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. Hon. H. B. Stuart, Judge. 1. The liability of a common carrier in respect to the condition of his premises, is neither greater nor less than that of any other person to another wrho, by invitation or inducement, express or implied, has come upon his premises for the purpose of transacting business; and the carrier is only bound to exercise a reasonable degree of care for the protection of its patrons.
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APPEAL from Clark Circuit Court. Hon. H. B. Stuart, Judge. 1. The liability of a common carrier in respect to the condition of his premises, is neither greater nor less than that of any other person to another wrho, by invitation or inducement, express or implied, has come upon his premises for the purpose of transacting business; and the carrier is only bound to exercise a reasonable degree of care for the protection of its patrons. But when strangers resort to the platforms and depots of the carriers for their own convenience, or for the transaction of business in no way connected with the…
1Opinion of the Court
Cockrill, O. J.
The appellee was injured by stepping into a cavity caused by a rotten plank in the appellant’s , „ . ni. „ i ,1 • platform at Bierne station, lhe jury found the issues in his favor, and the question whether the appellee was lawfully on the platform at the time he was injured is the only one properly left for our consideration. If he was there merely from curiosity, or for his own convenience for the transaction of business in no way connected with the railroad company, no relation existed between him and the company which imposed upon the latter the duty of exercising even…
2Cases cited4 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
- Toledo, Wabash & Western Railway Co. v. GrushIllinois Supreme Court · 1873
3Cited by9 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Southern Railway Co. v. BatesSupreme Court of Alabama · 1915
- Papich v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
- Hyde v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1933
- St. Louis Southwestern Railway Co. v. BryantSupreme Court of Arkansas · 1907
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