St. Louis, Iron Mountain & Southern Railway Co. v. Green
Supreme Court of Arkansas
1. The complaint does not allege that the train was not held a reasonable length of time, and there is no testimony to show that it was not held a sufficient time to afford passengers an opportunity to get aboard. Instruction 2 was therefore abstract and misleading. 2. The fifth instruction was also erroneous.
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1. The complaint does not allege that the train was not held a reasonable length of time, and there is no testimony to show that it was not held a sufficient time to afford passengers an opportunity to get aboard. Instruction 2 was therefore abstract and misleading. 2. The fifth instruction was also erroneous. A claim agent has nothing to do with the running of a train and in this case had no more authority to advise or direct appellee what to do than any other passenger had. 63 N. Y. 556; 1 Eliiott, Railroads, § 214; 65 Ark. 144; 52 Ark. 78; 77 Ark. 606; 97 Ark. 24; 106 Ark. 109; 39 Fed.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Hazel Green, lived at Kensett, Arkansas, a small town on defendant’s line of railroad, and went to the station one day to take passage on a regular passenger train, and, in attempting to board the train after it was put in motion to leave the station, she was thrown down and received personal injuries, compensation for which she seeks to recover in this action.
Her contention is that she went to the station about thirty, minutes before the train was due according to schedule, and applied for a ticket but failed to get one, and had no opportunity to purchase a ticket; and…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. BlytheSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. HammettSupreme Court of Arkansas · 1911
3Cited by1 opinion
- Missouri Pacific Railroad Company v. HenrySupreme Court of Arkansas · 1925