Chicago, Rock Island & Pacific Railway Co. v. Mizell
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; statement by the court. Appellees left home to attend the funeral of a Mr. Mi- ' zell, who was the father of two o.f the appellees -and the nncle of the third. The funeral was to be near Malvern. Appellees attempted to take passage on one of appellant’s trains at Essex Park, which was a flag station for the train they attempted to go on.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; statement by the court. Appellees left home to attend the funeral of a Mr. Mi- ' zell, who was the father of two o.f the appellees -and the nncle of the third. The funeral was to be near Malvern. Appellees attempted to take passage on one of appellant’s trains at Essex Park, which was a flag station for the train they attempted to go on. The train was flagged, but failed to stop, whereupon appellees walked over to Lawrence and took a train into Hot Springs; but in this walk they were caught in a rain and all became ill as the result of…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the instruction numbered 3 should not have been given. Mental anguish was not a recoverable element of damages under the facts -of this case. The mental anguish suffered in this -case did not result from the walk in the rain -and cold, nor from the sickness which resulted therefrom; but from the delay in getting to Malvern in time to look after the funeral arrangements of the father on the part of two of the appellees and the failure to attend the funeral of an uncle on the part of the other. It is true appellees suffered physical pain as the…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. MossSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
3Cited by3 opinions
- MBM Co., Inc. v. CounceSupreme Court of Arkansas · 1980
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Arkansas Motor Coaches, Ltd., Inc. v. WhitlockSupreme Court of Arkansas · 1940