Payne v. Thurston
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. It is apparent that appellant was guilty of no negligence, and a verdict should have been directed for defendant. It was the duty of the carrier to allow a reasonable time and opportunity to get on and off its trains and trains must stop at stations long' enough for that, purpose. A reasonable time is such time as a person of ordinary care and prudence should be allowed to take.
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Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. It is apparent that appellant was guilty of no negligence, and a verdict should have been directed for defendant. It was the duty of the carrier to allow a reasonable time and opportunity to get on and off its trains and trains must stop at stations long' enough for that, purpose. A reasonable time is such time as a person of ordinary care and prudence should be allowed to take. It is the duty of the carrier in determining what is a reasonable time to take into consideration any special conditions peculiar to the…
1Opinion of the CourtWood, J.
An action was brought by Henry Thurs-ton, appellee, who was the husband of Dora Thurston, to recover judgment against the appellant for damages which he alleged he sustained by reason of the death of his wife. The appellee, among other things, alleged that Mrs. Thurston was a passenger on appellant’s train from Booneville, Logan County, Arkansas, to Waveland, Yell County, Arkansas; that the agents of appellant negligently failed to stop and hold the train at Waveland for a sufficient length of time to allow Mrs. Thurston to alight in safety; that they negligently failed to furnish her with…
2Cases cited12 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Kelley v. StateSupreme Court of Arkansas · 1920
- Powell v. StateSupreme Court of Arkansas · 1905
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3Cited by15 opinions
- Continental Casualty Co. v. BrudenSupreme Court of Arkansas · 1928
- Garst v. CullumSupreme Court of Arkansas · 1987
- Rhine v. HaleySupreme Court of Arkansas · 1964
- Yu v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1958
- Fitzhugh v. LeonardSupreme Court of Arkansas · 1929
10 more not listed; retrieve them via the Exa API.