St. Louis, Arkansas & Texas Railway Co. v. Hoover
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. C. W. Smith, Judge. Dr. Hoover sued the St. Louis, Arkansas & Texas Railway Company for surgical attendance upon and board of a passenger injured by defendant’s train, alleging that the services were rendered, and the board furnished, at the instance of defendant’s conductor and attorney. The facts appear in the opinion. 1. The party to whom the services were rendered was a trespasser, and the company owed him no duty.
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APPEAL from Columbia Circuit Court. C. W. Smith, Judge. Dr. Hoover sued the St. Louis, Arkansas & Texas Railway Company for surgical attendance upon and board of a passenger injured by defendant’s train, alleging that the services were rendered, and the board furnished, at the instance of defendant’s conductor and attorney. The facts appear in the opinion. 1. The party to whom the services were rendered was a trespasser, and the company owed him no duty. In all that is proven, there is nothing to show even an implied agreement based upon sufficient consideration on the part of defendant to…
1Opinion of the Court
Hemingway, J.. ^ Railway— SjoífuT|éom Neither a conductor, station agent nor solicitor of a railway company is authorized, in ordinary cases, to contract for surgical attendance upon a passenger or employe injured in operating this trains of the railway company, so as to bind the company. Toledo, Wabash & Western R. R. Co. v. Rodrigues, 47 Ill., 188; Tucker v. St. L., K. C. & N. R. Co., 54 Mo., 177; Brown v. M. K. & T. R. Co., 67 Mo., 122; A. & P. R. Co. v. Reisner, 18 Kan., 458; Cooper v. N. Y. C. & H. R. R. Co., 6 Hun, 276; L. E. & St. L. Ry. Co. v. McVay, 98 Ind., 391; Cox v. Midland etc.…
2Cases cited7 opinions
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- Toledo, Wabash & Western Railway Co. v. RodriguesIllinois Supreme Court · 1868
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kansas City, Pittsburg & Gulf Railway Co. v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1900
- Toledo, St. Louis & Kansas City Railroad v. MylottIndiana Court of Appeals · 1893
- Holmes v. McAllisterMichigan Supreme Court · 1900
- Brougher v. Board of Public WorksCalifornia Court of Appeal · 1930
- Producers' Oil Co. v. GreenCourt of Appeals of Texas · 1919
7 more not listed; retrieve them via the Exa API.