St. L., I. M. & S. Ry. Co. v. White
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Judge. 1. The verdict is contrary to the evidence and the law as given. The chief allegation of negligence in the complaint was the failure to stop its train long enough to enable plaintiff to alight; and second — the absence of proper lights on the platform. These specific acts of carelessness are wholly unsustained by the evidence ; on the contrary, the reverse is proved.
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APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Judge. 1. The verdict is contrary to the evidence and the law as given. The chief allegation of negligence in the complaint was the failure to stop its train long enough to enable plaintiff to alight; and second — the absence of proper lights on the platform. These specific acts of carelessness are wholly unsustained by the evidence ; on the contrary, the reverse is proved. It is proved that the train stopped three minutes, which was ample and reasonable time. When a train, upon which an injured person is a passenger, stops and remains a…
1Opinion of the CourtSmith, J.
White recovered a verdict and judgment for $1000 against the railway .company for injuries sustained by him as a passenger, in alighting from one of its trains. The supposed omission of duty by the defendant consisted in failing to stop the train long enough to enable the plaintiff to get oft in safety, and in imperfectly lighting the station for which the plaintiff was bound. He was in his twentieth year, and the accident happened about 2 a. m., of a dark night. His testimony was, that as soon as the station was announced and the train had come to a stand-still, he arose from his seat, made…
2Cited by4 opinions
- Missouri Pacific Transportation Co. v. SharpSupreme Court of Arkansas · 1937
- St. Louis Southwestern Railway Company v. HolwerkSupreme Court of Arkansas · 1942
- American Express Co. v. LankfordCourt Of Appeals Of Indian Territory · 1897
- Missouri, Kansas & Texas Railway Co. v. WhiteCourt Of Appeals Of Indian Territory · 1898