St. Louis, Iron Mountain & Southern Railway Co. v. Price
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George M. Chapline, Judge; STATEMENT BY TI-IE COURT. Mrs. Price brought suit for personal injuries against the appellant railroad, and these facts were developed on behalf of the plaintiff: She was a passenger on appellant’s train going to Ward station. The train stopped at its usual place, and after the station was called she left the coach and attempted to alight.
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Appeal from Lonoke Circuit Court; George M. Chapline, Judge; STATEMENT BY TI-IE COURT. Mrs. Price brought suit for personal injuries against the appellant railroad, and these facts were developed on behalf of the plaintiff: She was a passenger on appellant’s train going to Ward station. The train stopped at its usual place, and after the station was called she left the coach and attempted to alight. While stepping on the last step, the train gave a jerk and threw her violently against an iron rod and pitched her forward on her shoulder, which soon gave her much pain. She introduced…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) The first instruction is criticised for stating that “if the defendant company suddenly started its train, and by reason thereof the plaintiff sustained an injury,” instead of saying “if the defendant company negligently started its train.” The criticism is without merit, because the facts assumed in this instruction would make it negligence for the train to be suddenly started, and it was proper for the court to so state, instead of incorporating a general term in the instruction. The instruction is not open to the objection that it assumes that the…
2Cited by1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. HydrickSupreme Court of Arkansas · 1913