Cook v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in 'directing the verdict. When appellant went to the station for the purpose of hoarding the train, he became a passenger, entitled to a safe place at which to hoard the train and had the right to assume that the railroad company had' provided such a place, and ¡that they would not expose him to unnecessary danger.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in 'directing the verdict. When appellant went to the station for the purpose of hoarding the train, he became a passenger, entitled to a safe place at which to hoard the train and had the right to assume that the railroad company had' provided such a place, and ¡that they would not expose him to unnecessary danger. Under the circumstances it was a question for the jury as to whether or not he acted as a reasonably prudent and cautious man would have done under like circumstances. A different rule applies in the case of…
1Opinion of the CourtSmith, J.
Appellant wias struck by -one oí appellee’s trains and sued to recover damages to compensate the injury sustained by him. On the trial of the case before a jury, after the appellant had rested his case, the court, upon motion of appellee, directed the jury to return a verdict 'in appellee’is favor, and this appeal has been prosecuted from the judgment pronounced upon the verdict so returned.
Giving appellant’s evidence its highest probative •force, as we must do in testing the correctness of the action of the court below, the facts in the case may be stated as follows: The injury oceured at…
2Cases cited3 opinions
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
- Hays v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912