St. Louis, Iron Mountain & Southern Railway Co. v. Pate
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Eugene Lankford, Judge; 1. Deceased was not a passenger; his contract of carriage was completed. He was intoxicated, and the injury was attributable to his own negligence. 67 Ark. 53; 73 Id. 551; 46 Id. 523; 65 Id. 435. 2. Witnesses should have been put under the rule.
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Appeal from Conway Circuit Court; Eugene Lankford, Judge; 1. Deceased was not a passenger; his contract of carriage was completed. He was intoxicated, and the injury was attributable to his own negligence. 67 Ark. 53; 73 Id. 551; 46 Id. 523; 65 Id. 435. 2. Witnesses should have been put under the rule. Kirby’s Digest, § 3142. 3. The verdict is excessive. 65 Ark. 619. 1. The question of negligence was for the jury. 46 Ark. 423, 4371 37 Id. 526. 2. Carriers are required to maintain safe platforms for passengers. Thompson on Negligence, § 2697. Pate was a passenger. 67 Ark. 47; 69 Id. 489; 76…
1Opinion of the CourtBattle, J.
On the fourth day of July, 1907, James A. Pate, in alighting from a train of the St. Louis, Iron Mountain and Southern Railway 'Company, at Morrilton, Arkansas, fell and received injuries which caused his death. Edna Pate, as his administratrix, brought this action against the railway company to recover damages on account of such injury and death. She alleged in her complaint that James A. Pate boarded a train of the defendant at Morrilton for the purpose of going thereon to the town of Atkins; that after boarding the train, and before it left the station, her intestate concluded not to go…
2Cited by10 opinions
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