St. L., I. M. & S. R'y Co. v. Rosenberry
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. G. M. Barker, Special Judge. STATEMENT. The appellee embarked at Prescott on a through freight train of the appellant, for Emmett, a station on appellant’s road, eight miles distant, without any attempt to learn that the train would stop there.
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APPEAL from Nevada Circuit Court. Hon. G. M. Barker, Special Judge. STATEMENT. The appellee embarked at Prescott on a through freight train of the appellant, for Emmett, a station on appellant’s road, eight miles distant, without any attempt to learn that the train would stop there. Soon after leaving Prescott the conductor took up his ticket, and informed him and other passengers for Emmett, that the train would not stop there, and appeared enraged at their getting on the train, instead of waiting for the passenger train. Upon approaching Emmett he directed them to get ready to get off, and…
1Opinion of the CourtCockrill, C. J.
There was no dispute about the cause of the injury in this case. The appellee jumped from a running; train, which, according to the testimony of most of the: witnesses, was under full headway at the time, and by his owru statement was moving at the rate of ten or twelve miles an hour. The appellee’s conduct in leaping from the train was. the proximate cause of the injury of which he complains, and the question with the court and jury on the trial, was, whether his action was justifiable or negligent.
The court at the instance of the appellee gave a long and somewhat complicated instruction to…
2Cases cited8 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- The "Juniata."Supreme Court of the United States · 1876
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Breckenridge v. McAfeeIndiana Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Kruse v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Kansas City Southern Railway Co. v. WorthingtonSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911
4 more not listed; retrieve them via the Exa API.