Legal Opinion

Arkansas Midland Railroad v. Rambo

Supreme Court of Arkansas

Decided March 29, 1909PublishedCited by 12 opinions

Appeal from M-onr-oe Circuit Court,' Eugene Lankford, Judge; STATEMENT BY THE COURT. This suit was brought by T. M. Rambo against the Arkansas Midland Railroad Company to recover damages for injuries sustained by him while a passenger on defendant’s train and alleged to have been caused by the derailment of -the train. The railroad company denied negligence on its part, and pleaded contributory negligence on the part of the plaintiff.

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Appeal from M-onr-oe Circuit Court,' Eugene Lankford, Judge; STATEMENT BY THE COURT. This suit was brought by T. M. Rambo against the Arkansas Midland Railroad Company to recover damages for injuries sustained by him while a passenger on defendant’s train and alleged to have been caused by the derailment of -the train. The railroad company denied negligence on its part, and pleaded contributory negligence on the part of the plaintiff. On the 29th day of February, 1908, the plaintiff became a passenger on one of the defendant’s trains running from Helena to Clarendon, in the State of Arkansas.…

1Opinion of the Court

Hart, J.,

(after stating the facts). Counsel for appellant assigns as error the action of the court in giving the following instruction:

“2. If you believe from the evidence that plaintiff was injured while a passenger on the train of defendant, and that his injuries were caused by the derailment of cars in the train resulting from the defective condition of the track¡ or defective equipments, or negligent operation or handling of the train, he would be entitled to recover in this action such sum as will compensate him for loss of time, expenses, and for the pain and suffering sustained by the…

2Cases cited7 opinions

  1. Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
  2. St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
  3. Little Rock & Hot Springs Western Railroad v. McQueeneySupreme Court of Arkansas · 1906
  4. Railway Co. v. MitchellSupreme Court of Arkansas · 1893
  5. Winter v. BandelSupreme Court of Arkansas · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
  2. El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
  3. Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
  4. American Insurance v. HaynieSupreme Court of Arkansas · 1909
  5. St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910

7 more not listed; retrieve them via the Exa API.

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