Bush v. Snow
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Thos. G. Trimble, Judge; 1. Under the proof appellee failed to make out a case, and the court erred in refusing to instruct a verdiet for defendant. The proof establishes clearly no right to recover — that the injury did not occur on the train. 2. It was error to refuse to give appellant’s instruction No. 10. This is the law and it was error to give those asked by plaintiff.
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Appeal from Faulkner Circuit Court; Thos. G. Trimble, Judge; 1. Under the proof appellee failed to make out a case, and the court erred in refusing to instruct a verdiet for defendant. The proof establishes clearly no right to recover — that the injury did not occur on the train. 2. It was error to refuse to give appellant’s instruction No. 10. This is the law and it was error to give those asked by plaintiff. The officers had the right to take up his ticket, and the brakeman the right, if assaulted, to use such force, acting as a reasonable prudent man, as was necessary to repel the assault…
1Opinion of the CourtSmith, J.
Appellee recovered judgment for damages to compensate an injury which she says she sustained while traveling as a passenger on one of appellant’s trains from Argenta to Conway, in this State. Her testimony was substantially as follows: The train was crowded, but she found a seat at the front end. of the coach, facing to the rear of the coach, and next to the window. On the seat immediately in front of and facing her, next to the window, there was seated a man who had entered the train at Little Rock, with a ticket to Fort Gibson, Oklahoma. His ticket had been examined by the brakeman when he…
2Cases cited3 opinions
- St. Louis & San Francisco Railroad v. BlytheSupreme Court of Arkansas · 1910
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1914
- Bradford v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910