Chicago, Rock Island & Pacific Railway Co. v. Russell
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; Thos. G. Trimble, Judge; A peremptory instruction should have been given for defendant. Plaintiff was a mere licensee — he was not on business nor invited by the company. He took all risks of danger and can not recover. 81 Ark. 368; 48 Id. 491; Thompson on Carriers, p. 105, § 2, etc. The judgment should be reversed and the cause dismissed.
Read the full summary
Appeal from Prairie Circuit Court, Northern District; Thos. G. Trimble, Judge; A peremptory instruction should have been given for defendant. Plaintiff was a mere licensee — he was not on business nor invited by the company. He took all risks of danger and can not recover. 81 Ark. 368; 48 Id. 491; Thompson on Carriers, p. 105, § 2, etc. The judgment should be reversed and the cause dismissed. Appellee was not a trespasser but a licensee, and as such entitled to protection against darkened pitfalls. He was entitled to recover. 66 S.-W. 588; 19 A. & E. B. Cas. (N. S.) 236; 15 Id. 424; 20 Id.…
1Opinion of the CourtHart, J.
This is a suit for damages for personal injuries received by B. F. Bussell by falling through an. open stairway in the depot of the Chicago, Rock Island & Pacific Railway Company at Brinkley, Arkansas.
There was verdict in favor of the plaintiff in the sum of $500, and from the judgment rendered the railway company has appealed.
B. F. Russell lived in the town of Brinkley, Arkansas, and thought he saw some people going into the depot who were friends of his from Carlisle, Arkansas, where he had formerly lived. Bussell went to the depot for the purpose of finding out if "the parties in question…
2Cases cited1 opinion
- St. L., I. M. & S. Ry. Co. v. FairbairnSupreme Court of Arkansas · 1886
3Cited by3 opinions
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Daniel Construction Co. v. HoldenSupreme Court of Arkansas · 1979
- Hines v. Consumers' Ice Light CompanySupreme Court of Arkansas · 1925