Barringer v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Joee D. Conway, Judge. STATEMENT BY THE COURT. The complaint alleges that appellant took passage on one of appellee’s passenger trains at Camden, Arkansas, for Whelen, Arkansas, on the 25th day of December, 1900; that the train was late, and'crowded with passengers; and when it arrived at Whelen, appellant promptly attempted to leave the train, but the appellee negligently failed to stop its train long enough to permit him to alight, and,…
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Appeal from Clark Circuit Court. Joee D. Conway, Judge. STATEMENT BY THE COURT. The complaint alleges that appellant took passage on one of appellee’s passenger trains at Camden, Arkansas, for Whelen, Arkansas, on the 25th day of December, 1900; that the train was late, and'crowded with passengers; and when it arrived at Whelen, appellant promptly attempted to leave the train, but the appellee negligently failed to stop its train long enough to permit him to alight, and, while appellant was in the act of alighting, negligently started the train with a sudden jerk, without notice to appellant,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court modified appellant’s first and second prayers by changing the word sufficient to the word reasonable, to which appellant objected. There was no error in the modification.* A “sufficient” time, where the passenger acts with reasonable diligence, is but tantamount to giving the passenger a “reasonable” opportunity to alight. So we do not regard the modification as very material. But the law is that it is the duty of carriers to allow their passengers a reasonable opportunity of getting on and off their trains, and they must stop at stations long…
2Cases cited10 opinions
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- K v. HWisconsin Supreme Court · 1866
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Lamden v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
19 more not listed; retrieve them via the Exa API.