Legal Opinion

Fordyce v. Merrill

Supreme Court of Arkansas

Decided May 15, 1887PublishedCited by 15 opinions

APPEAL from Ouachita Circuit Court. IP F. Askew, Judge. A promise by the conductor to see appellee off the train not binding on the company. Wood’s Ry. Lam, vol. 1, 449; 2 Redf. 011 Rys., 298-9. Appellee was guilty of contributory negligence; for if there were no lights she should not have attempted, in her condition, to get off the train. 2 Wood Ry.

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APPEAL from Ouachita Circuit Court. IP F. Askew, Judge. A promise by the conductor to see appellee off the train not binding on the company. Wood’s Ry. Lam, vol. 1, 449; 2 Redf. 011 Rys., 298-9. Appellee was guilty of contributory negligence; for if there were no lights she should not have attempted, in her condition, to get off the train. 2 Wood Ry. Law, 1098, noj; 41 hid., 269; 26 id., 228; 51 Mo., 141; 36 Penn., 234. Unless it is made the duty of a railroad company, by statute, to keep its platforms lighted, the absence of such lights is not negligence, in law; and if it is a custom of…

1Opinion of the CourtCockrilx, C. J.

The appellee was a passenger on the Texas & St. Louis Railway, and fell and was injured while alighting from the train at her destination. She sued and had judgment for $3000. The bill of exceptions taken by appellant shows the evidence, and nothing more. No mention is made in it of any exceptions taken during the trial, or of a motion for new trial.

There was a demurrer to the complaint, which was overruled, after which defendant answered and went to trial. The only questions presented, therefore, are : Had the court jurisdiction ? and, Does the complaint state a cause of action? Chapline v.…

2Cases cited2 opinions

  1. Buenemann v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
  2. Stewart v. International & G. N. R. R. Co.Texas Supreme Court · 1880

3Cited by15 opinions

  1. Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
  2. Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
  3. Murphy v. MyarSupreme Court of Arkansas · 1910
  4. Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
  5. Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1910

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