St. Louis Southwestern Railway Co. v. Aydelott
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Thomas 1. The first instruction for plaintiff, while copied from 52 Ark. 524, was inapplicable to this case and erroneous. It is abstract and misleading here. 41 Ark. 382; 99 Id. 367; 16 Id. 628; 55 Id. 588; 63 Id. 477; 102 Id. 205. 2. The second instruction given was also erroneous. 73 Ark. 548; 105 Id. 269; 54 Id. 25; 101 Id. 183. 3. The third is objectionable and erroneous.
Read the full summary
Appeal from Prairie Circuit Court, Southern District; Thomas 1. The first instruction for plaintiff, while copied from 52 Ark. 524, was inapplicable to this case and erroneous. It is abstract and misleading here. 41 Ark. 382; 99 Id. 367; 16 Id. 628; 55 Id. 588; 63 Id. 477; 102 Id. 205. 2. The second instruction given was also erroneous. 73 Ark. 548; 105 Id. 269; 54 Id. 25; 101 Id. 183. 3. The third is objectionable and erroneous. It tended to magnify the injuries. 58 Ark. 136; 78 Id. 374; 96 Id. 339; 57 Tex. 215; 195 111. 48. 4. It was error to give the fifth on exemplary damages. There was…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) This court in Barringer v. St. Louis, Iron Mountain & S. Ry. Co., 73 Ark. 548, 551, announces the law as to the duty of carriers to passengers while getting on and off trains as follows: “It is the duty of carriers to allow their passengers a reasonable opportunity of getting on and off their trains, and they must stop at stations long enough for that purpose. A reasonable time is such time as a person of ordinary care and prudence should be allowed to take. It is the duty of the carrier, in determining what is a reasonable time, to take into…
2Cases cited12 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. BoylesSupreme Court of Arkansas · 1906
- Arkansas Midland Railway v. CanmanSupreme Court of Arkansas · 1889
- St. Louis Southwestern Railway Co. v. MyzellSupreme Court of Arkansas · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kitchen v. StateSupreme Court of Arkansas · 1980
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Central Coal & Coke Co. v. BarnesSupreme Court of Arkansas · 1921
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921
2 more not listed; retrieve them via the Exa API.