Pasley v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; To stand on a moving train should no more be negligent per se than to get off one.
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; To stand on a moving train should no more be negligent per se than to get off one. And it is not negligence per se to alight from one. 49 Ark. 182; 4 S. W. 755. It is a question for the jury to say whether a passenger is guilty of contribu.tory negligence in stepping from a street car on the side next to a parallel track. 93 S. W. 990. The plaintiff’s act can not defeat his recovery unless he used less than ordinary care. 2 Wood, Railway Law, 1085. If fair minded men might differ as to whether it was dangerous to arise from a seat…
1Opinion of the CourtRiddick, J.
W. H. Pasley brought this action'against the defendant railway company to recover three thousand dollars as damages for an injury he received while a passenger on one of its trains. The defendant denied that it was guilty of any negligence, and further alleged that the injury of the plaintiff: was due to his own negligence in standing up while riding in the caboose of a- freight train. On the trial, after all the evidence was in, the circuit judge held that plaintiff was guilty of' negligence contributing to his injury, and directed a verdict-in favor of defendant. Plaintiff appealed, and the…
2Cases cited9 opinions
- N. & W. R. R. v. FergusonSupreme Court of Virginia · 1884
- Chicago, M. & St. P. Ry. Co. v. CarpenterCourt of Appeals for the Eighth Circuit · 1893
- Harris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Krumm v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1903
- Neville v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
10 more not listed; retrieve them via the Exa API.