Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Bright

Supreme Court of Arkansas

Decided July 7, 1913PublishedCited by 5 opinions

Appeal from Chicot Circuit Court; H. W. Wells, Judge; statement by the court. Plaintiff, an elderly lady, lived at Luna, in Chicot County. She had a daughter living at Arkansas City, in Desha County. The daughter was very ill, being confined, and the plaintiff having been informed of this fact, purchased a ticket, on September 6, 1911, for Arkansas City, and took passage on defendant’s road from that place.

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Appeal from Chicot Circuit Court; H. W. Wells, Judge; statement by the court. Plaintiff, an elderly lady, lived at Luna, in Chicot County. She had a daughter living at Arkansas City, in Desha County. The daughter was very ill, being confined, and the plaintiff having been informed of this fact, purchased a ticket, on September 6, 1911, for Arkansas City, and took passage on defendant’s road from that place. The train connected at Lake Village with a northbound passenger train, which, in turn, made connection at Trippe Junction with another of defendant’s trains for Arkansas City. Plaintiff…

1Opinion of the Court

Wood, J.,

(after stating the facts). The court erred in granting appellee’s prayer for instruction No. 2. It was a question for the jury to determine as to whether or not the appellee was negligent in undertaking to walk from Halley to Trippe station, under the facts which the testimony tended to prove.. It did not follow as a matter of law that if the jury found the facts as recited in the first part of the second instruction, given at appellee’s request, that “she had a right to elect to walk to said station, if she could not get other means of conveyance, without assuming the risk incident…

2Cases cited5 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
  2. St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
  3. St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
  4. Dare v. HarperSupreme Court of Arkansas · 1911
  5. Hodge-Downey Construction Co. v. CarsonSupreme Court of Arkansas · 1911

3Cited by5 opinions

  1. Preas v. PreasSupreme Court of Arkansas · 1934
  2. Timothy J. Foohey Dredging Co. v. MabinSupreme Court of Arkansas · 1915
  3. Weaver-Dowdy Co. v. BrewerSupreme Court of Arkansas · 1917
  4. J. Foster Company v. WooldridgeSupreme Court of Arkansas · 1939
  5. Western Union Telegraph Co. v. BaltzSupreme Court of Arkansas · 1927

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