Batte v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. B. Haynie, Judge; 1. It was error to direct a verdict for defendant.Having shown that he was injured by the operation of the train, under Kirby’s Digest, section 6773, plaintiff was entitled to recover. 73 Ark. 552; 121 Id. 359; 75 Id. 479; 101 Id. 117. 2. Negligence was proven in failing to screen the car windows. 92 Ark. 432; 102 U. S. 451; 115 Ark. 269; 119 Id. 252; 114 Id. 146. Screens were not required by the statutes of this…
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Appeal from Miller Circuit Court; Geo. B. Haynie, Judge; 1. It was error to direct a verdict for defendant.Having shown that he was injured by the operation of the train, under Kirby’s Digest, section 6773, plaintiff was entitled to recover. 73 Ark. 552; 121 Id. 359; 75 Id. 479; 101 Id. 117. 2. Negligence was proven in failing to screen the car windows. 92 Ark. 432; 102 U. S. 451; 115 Ark. 269; 119 Id. 252; 114 Id. 146. Screens were not required by the statutes of this State, and failure to screen was not negligence.- 92 Ark. 432. The engine was provided with suitable and proper spark…
1Opinion of the CourtHart, J.
This was an a.ction brought by J. R. Batte against the St. Louis Southwestern Railway Company for damages growing out of an injury to his eye inflicted by a cinder from the locomotive of one of its passenger trains on which the plaintiff was a passenger.
Some time in September, 1916, J. B. Batte and his son boarded one of the defendant’s passenger trains at Spirit Lake, Arkansas, for Texarkána, Arkansas. The train was going west. They paid their fares and took a seat in the smoking car facing the way the train was going. The plaintiff sat next to the aisle and his son next to the wall on his…
2Cases cited1 opinion
- Missouri, Kansas & Texas Railway Co. v. OrtonSupreme Court of Kansas · 1903
3Cited by4 opinions
- Wade v. BrocatoSupreme Court of Arkansas · 1936
- Missouri Pacific Railroad v. JohnsonSupreme Court of Arkansas · 1939
- Missouri Pac. R.R., Thompson, Trustee v. MillerSupreme Court of Arkansas · 1940
- Missouri Pacific Railroad Co. v. RanceSupreme Court of Arkansas · 1936