Gage v. Arkansas Central Railroad

Hart, J.,

(after stating the facts). The circuit court was right in directing a verdict for appellee. It is true that railroad companies are bound to have all reasonable and necessary facilities and appliances for conducting and carrying on their business in a prompt, skilful, and careful manner, but they are not bound to be prepared for unusual contingencies which no ordinary prudence or foresight could reasonably foresee or anticipate. So that it has been held in this State, where, an unusual contingency has arisen winch unexpectedly increases the business of a railroad company, it will be…