Sloan v. Little Rock Railway & Electric Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; 1. It was defendant’s duty to exercise all the care and skill which prudent persons under similar circumstances would exercise to prevent the car from running at a dangerous rate of speed. Failure to exercise such care was negligence. 74 S. W. 705-6. 2. The court erred in giving instructions 1 and 4 requested by defendant.
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Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; 1. It was defendant’s duty to exercise all the care and skill which prudent persons under similar circumstances would exercise to prevent the car from running at a dangerous rate of speed. Failure to exercise such care was negligence. 74 S. W. 705-6. 2. The court erred in giving instructions 1 and 4 requested by defendant. When a street railway company has control of all of the agencies which cause a derailment, it is not sufficient merely to say that it arose from some -unaccountable or inevitable cause, but it must go further…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, while a passenger on one of the defendant’s electric cars, received personal injuries by reason of a derailment of the car. He sues to recover damages, and alleges negligence of the defendant’s servants, causing the derailment, in two particulars: First, that the motorman operated
the car at an unusually high and dangerous rate of speed; and, second, that the car was old and unsafe for service, and that defendant knew of its unsafe condition, or could have known of it by the exercise of ordinary care. A trial resulted in a verdict and judgment in favor of the defendant, and…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Kansas City Southern Railway Co. v. LewisSupreme Court of Arkansas · 1906
- Kansas City, Fort Scott & Memphis Railway Co. v. KingSupreme Court of Arkansas · 1899
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Bell v. StateSupreme Court of Arkansas · 1910
- Muskogee Electric Traction Co. v. EatonSupreme Court of Oklahoma · 1915