St. Louis, Iron Mountain & Southern Railway Co. v. Leamons
Supreme Court of Arkansas
Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. Appellant’s first request for instruction should have been granted.
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Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. Appellant’s first request for instruction should have been granted. While it is true that a carrier of passengers is held to a very high degree of care, the .obligation to act with prudence rests also -upon the passenger; and while he may rely upon the judgment of persons in charge of «the train, he can not do so where as in this case the one relied on is not in charge of the train, and where it is plainly .open to his observation that such reliance will 'expose him to danger that a prudent man will not incur. 41 Am. & Eng. R. Cas.…
1Dissent
Battle, J.,
(dissenting.) The court instructed the jury in this case that, if they found for the plaintiff, they should assess his damages “at a sum that will in ‘their’ judgment be a just and fair compensation for the mental and physical pain and suffering at .the time of the injury and afterwards, including any mental .anguish and mortification 'or any physical inconvenience he may suffer in the future by reason of the wounds received, as well as any debts he may have incurred or paid out by attempting a cur.e1 as well as any losses he may have sustained by reason of a loss of his earning…
2Cases cited14 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Deery v. CraySupreme Court of the United States · 1867
- Gilmer v. HigleySupreme Court of the United States · 1884
- Smiths v. ShoemakerSupreme Court of the United States · 1873
- Moores v. National BankSupreme Court of the United States · 1882
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