Memphis, Dallas & Gulp Railroad v. Trussell
Supreme Court of Arkansas
Appeal from Garland Circuit Court;. Jefferson T. Cowling, Judge on exchange; 1. There is no sufficient proof of the fact that Hall was intoxicated, or that the conductor or brakeman knew it or discovered it, before the assault, and the instructions given for plaintiff: go too far in defining the duty of the conductor to act before there was evidenced some of the outward signs of drunkenness. 'Conductors can not act arbitrarily and without due care. 95 Ark. 624; lb. 506; 105…
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Appeal from Garland Circuit Court;. Jefferson T. Cowling, Judge on exchange; 1. There is no sufficient proof of the fact that Hall was intoxicated, or that the conductor or brakeman knew it or discovered it, before the assault, and the instructions given for plaintiff: go too far in defining the duty of the conductor to act before there was evidenced some of the outward signs of drunkenness. 'Conductors can not act arbitrarily and without due care. 95 Ark. 624; lb. 506; 105 Id. 624. 2. The damages were too remote and the alleged injury or assault not the proximate cause of any omission of…
1Opinion of the CourtSmith, J.
This is an action for damages for alleged “annoyance, fright, humiliation, and nervous shock suffered at the hands of one Barney Hall, a fellow passenger,” of appellee aboard one of appellant’s trains.
Appellee was a passenger en route from Hot Springs to Pearcy and, according to the evidence offered in her behalf, was insulted and annoyed by a fellow passenger. One, Barney Hall, was permitted to board the train at Hot Springs in a drunken condition, after so deporting himself at the station as to make it apparent that he was drunk. Appellee was a school teacher and was returning to her home…
2Cases cited3 opinions
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. VaughanSupreme Court of Arkansas · 1916
3Cited by2 opinions
- Hines v. RiceSupreme Court of Arkansas · 1920
- State Ex Rel. Mountain Grove Creamery, Ice & Electric Co. v. CoxSupreme Court of Missouri · 1926