St. Louis, Iron Mountain & Southern Railway Co. v. Forbes
Supreme Court of Arkansas
Appeal from Bonoke Circuit Court. James S. Thomas, Judge, Appellee is barred by his contributory negligence. He knew the locus, and knew it was dangerous for him, and not intended for passengers. 60 Ark. 442; 53 Hun, 420; 102 N. Y. 219; 11 Cent. Rep. 206; 137 Pa. St. 352; 39 Fed. 596; 57 Conn. 422; 35 Oh. St. 631; 24 id. 638; 25 Mich. 274; 47 Ark. 322; 60 Ark. 110; 58 Fed. Rep. 341; 57 Ark. 78; 55 id. 484; 41 Am. & Rng.
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Appeal from Bonoke Circuit Court. James S. Thomas, Judge, Appellee is barred by his contributory negligence. He knew the locus, and knew it was dangerous for him, and not intended for passengers. 60 Ark. 442; 53 Hun, 420; 102 N. Y. 219; 11 Cent. Rep. 206; 137 Pa. St. 352; 39 Fed. 596; 57 Conn. 422; 35 Oh. St. 631; 24 id. 638; 25 Mich. 274; 47 Ark. 322; 60 Ark. 110; 58 Fed. Rep. 341; 57 Ark. 78; 55 id. 484; 41 Am. & Rng. R. Cas. 185. There was no contributory negligence per se. He was directed or invited to go where he did by the agent of the company, and was using ordinary care in attending…
1Opinion of the CourtBattle, J.
J. C. Forbes instituted an action against the St. Louis, Iron Mountain & Southern Railway Company for the recovery of damages occasioned by a fall received by him in stepping from the defendant’s freight house on to a platform. He recovered a •judgment for $1,000, and the defendant appealed.
The strongest evidence in favor of appellee upon which the judgment could have been based was his own testimony. He testified in behalf of himself substantially as follows : He was 77 years old. On .the 24th day of March, 1894, he went to Austin, in this state, to get a box of strawberry plants which had…
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