St. Louis, Iron Mountain & Southern Railway Co. v. Hook
Supreme Court of Arkansas
Appeal from Pranklin Circuit Court; Jeptha H. Bvans, Judge; Walter Hook, a minor, by his next friend,- sued the St. Louis, Iron Mountain & Southern Railway Company, alleging that on the 27th of December, 1905, he entered defendant’s depot at Cabin Creek, Arkansas, for the purpose of talcing a passenger train from Cabin Creek to Coal Hill, Arkansas; that he was compelled to remain in said depot for about two hours; that defendant’s waiting room was cold, damp and unsanitary,…
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Appeal from Pranklin Circuit Court; Jeptha H. Bvans, Judge; Walter Hook, a minor, by his next friend,- sued the St. Louis, Iron Mountain & Southern Railway Company, alleging that on the 27th of December, 1905, he entered defendant’s depot at Cabin Creek, Arkansas, for the purpose of talcing a passenger train from Cabin Creek to Coal Hill, Arkansas; that he was compelled to remain in said depot for about two hours; that defendant’s waiting room was cold, damp and unsanitary, and that defendant contracted a severe cold, which a few hours later developed into pneumonia. Damages in the sum of…
1Opinion of the CourtHiuu, C. J.
The Reporter will state the substance of the evidence and the instructions, so far as the same are material to the issues discussed. It will be seen therefrom that this is-an action to recover damages of the railroad for maintaining a waiting room in such condition that the appellee, a child, while waiting for a belated train, contracted pneumonia.
1. The first question is as to the sufficiency of the evidence. Testing the same under the rule which has so often been applied, and which is aptly expressed in Catlett v. Railway Company, 57 Ark. 461, as follows: “After drawing all the inferences…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Ince v. StateSupreme Court of Arkansas · 1906
3Cited by8 opinions
- Mississippi River Fuel Corp. v. SennSupreme Court of Arkansas · 1931
- Williams v. StateSupreme Court of Arkansas · 1924
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
- Kansas City Southern Railway Co. v. CobbSupreme Court of Arkansas · 1915
- Dobbs v. StateSupreme Court of Arkansas · 1935
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