St. Louis, Iron Mountain & Southern Railway Co. v. Purifoy
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Bvans, Judge; The first instruction was erroneous in the use of the words “utmost diligence which human skill and foresight can effect,” instead of the “highest degree of care which a prudent and cautious man would exercise.” 34 Ark. 613, 615; 51 Ark. 459, 466. See also 57 Ark. 287, 298. The Murray case, 55 Ark. 248, 254, contains a better'statement of the rule.
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Appeal from Hot Spring Circuit Court; W. H. Bvans, Judge; The first instruction was erroneous in the use of the words “utmost diligence which human skill and foresight can effect,” instead of the “highest degree of care which a prudent and cautious man would exercise.” 34 Ark. 613, 615; 51 Ark. 459, 466. See also 57 Ark. 287, 298. The Murray case, 55 Ark. 248, 254, contains a better'statement of the rule. See also 52 Ark. 517, 524; 2 Hutchinson on Carriers, § § 826, 827. In not inserting the word “reasonably” before the words “consistent with the mode of conveyance and the practicable…
1Opinion of the Court
‘ Wood, J.
This is an appeal from a judgment for $2,500, in favor of the appellee, for personal injuries alleged to have been received by him, while a passenger in a Pullman car from St. Louis to Hot Springs, by being thrown by a lurch or jerk of the train, whereby, as he was coming from the toilet room to the smokeiy and lavatory, he was thrown against the door of the toilet room and his neck injured. He claims to have a tubercular infection of the neck which has made i.t necessary to have it lanced or operated upon several times, and that it has seriously impaired his health.
Appellant urges…
2Cases cited6 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Railway Co. v. SweetSupreme Court of Arkansas · 1893
- George v. St. L., I. M. & S. R'y Co.Supreme Court of Arkansas · 1879
- Eureka Springs Ry. v. TimmonsSupreme Court of Arkansas · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Missouri Pacific Railroad Company v. BaumSupreme Court of Arkansas · 1938
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
- Dillahunty v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1915
- Pittman v. HinesSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. WrightSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.