St. Louis, Iron Mountain & Southern Railway Co. v. Dowgiallo
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Instruction one for plaintiff is clearly erroneous, 'and the second is equally so. A railway company is not an insurer of the safety of its passengers.
Read the full summary
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Instruction one for plaintiff is clearly erroneous, 'and the second is equally so. A railway company is not an insurer of the safety of its passengers. They are bound to the utmost care and diligence in the management of trains, and in the structure and care of tracks and subsidiary arrangements necessary to the safety of their passengers, but they are not required to exercise all the care, skill and diligence of which the human mind can conceive, nor such as will free passengers from all possible peril. Hutchinson on Carriers (2…
1Opinion of the CourtMcCulloch, J.
Appellee instituted this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been sustained while a passenger on appellant’s train.. He alleged in his complaint that he was a passenger on appellant’s train, that the train was in charge of a conductor and brakeman who were servants of appellant, and that said brakeman wrongfully, unlawfully and maliciously assaulted and beat him while he was on the train as a passenger, and also, used abusive and profane language towards him.
The defendant answered this complaint, and denied, specifically, all…
2Cases cited13 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MynottSupreme Court of Arkansas · 1907
- Pine Bluff & Arkansas River Railway Co. v. WashingtonSupreme Court of Arkansas · 1915
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1915
4 more not listed; retrieve them via the Exa API.