St. Louis, Iron Mountain & Southern Railway Co. v. Taylor
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is an action instituted by W. L. Taylor .against the 'St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been sustained by the plaintiff on account of the willful and wrongful act of a servant of the defendant.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This is an action instituted by W. L. Taylor .against the 'St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been sustained by the plaintiff on account of the willful and wrongful act of a servant of the defendant. The facts relied on by the plaintiff to sustain a recovery are substantially as follows: The plaintiff was a traveling salesman for a wholesale dry goods firm, and carried on his trip a number of sample trunks weighing in the aggregate more than the amount allowed…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Many questions are presented in the record for our consideration, but the controlling one, for the purpose of disposing of this case here, is whether or not the plaintiff is entitled, under the circumstances shown in the case, to recover damages for mental anguish and humiliation, unaccompanied by physical injury. The evidence shows, sufficiently to warrant a finding, that the station' agent of the railway company, while the plaintiff was in the station for the purpose of having his baggage checked preparatory to taking passage on the train, and while…
2Cases cited12 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Wyman v. LeavittSupreme Judicial Court of Maine · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- MBM Co., Inc. v. CounceSupreme Court of Arkansas · 1980
- Peugh v. OligerSupreme Court of Arkansas · 1961
- Southern Telephone Co. v. KingSupreme Court of Arkansas · 1912
- Rogers v. WilliardSupreme Court of Arkansas · 1920
- Wilson v. WilkinsSupreme Court of Arkansas · 1930
13 more not listed; retrieve them via the Exa API.