Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Jackson

Supreme Court of Arkansas

Decided November 14, 1910PublishedCited by 4 opinions

Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. There was no legal obligation upon appellant to exercise care to make the use of the cotton warehouse platform safe for appellee. This case does not fall within the doctrine announced in Brinkley Car- Co. v. Cooper, 60 Ark. 545, and 70 Ark. 331-5, and the court’s instruction numbered 1 is erroneous. 48 Ark. 491-3, and cases cited; 77 Ark. 561; 89 Ark. 122; 69 N. H. 649; 57 Ark. 461; 101 Pa. 258; 7 Texas Civ.

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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. There was no legal obligation upon appellant to exercise care to make the use of the cotton warehouse platform safe for appellee. This case does not fall within the doctrine announced in Brinkley Car- Co. v. Cooper, 60 Ark. 545, and 70 Ark. 331-5, and the court’s instruction numbered 1 is erroneous. 48 Ark. 491-3, and cases cited; 77 Ark. 561; 89 Ark. 122; 69 N. H. 649; 57 Ark. 461; 101 Pa. 258; 7 Texas Civ. App. 65; 26 S. W. 474; 90 Ark. 278. 2. There is no evidence on which to base the instruction. 87 Ark. 471; 77 Ark. 109; Id.…

1Opinion of the CourtFraurnthar, J.

This was an action instituted by Bruce Jackson, a minor, by his next friend, to recover damages for personal injuries which it was alleged he sustained by reason of the negligence of appellant. The plaintiff was standing upon a platform next to the right-of-way upon which appellant operated its trains, and it was alleged that appellant carelessly and negligently ran one of its cars against the platform, and broke the same 'down, and thereby injured the plaintiff. The platform was attached to the front part of a cotton warehouse owned by the “Farmers’ Union,” and it was built by and wholly…

2Cases cited6 opinions

  1. St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
  2. St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
  3. Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Railway Co. v. LewisSupreme Court of Arkansas · 1895
  5. Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902

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3Cited by4 opinions

  1. Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954
  2. White v. Chicago G. W. R.Court of Appeals for the Eighth Circuit · 1917
  3. Kansas City Southern Railway Co. v. WatsonSupreme Court of Arkansas · 1912
  4. Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954

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