St. Louis, Iron Mountain & Southern Railway Co. v. Whitacre
Supreme Court of Arkansas
Appeal from Franklin Circuit Court; Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages alleging that he was injured while riding upon one of the appellant’s local freight trains, and that his injuries resulted from the negligent handling of certain cars and a locomotive which were permitted to strike with unusual force the caboose in which appellee was riding. The accident occured between Benton and Argenta, Arkansas.
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Appeal from Franklin Circuit Court; Ozark District; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages alleging that he was injured while riding upon one of the appellant’s local freight trains, and that his injuries resulted from the negligent handling of certain cars and a locomotive which were permitted to strike with unusual force the caboose in which appellee was riding. The accident occured between Benton and Argenta, Arkansas. At the time appellee was accompanying two cars of cattle which were in the local freight train on which he was riding. Appellee,…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted by counsel for the appellant that the court erred in refusing to give instruction No. 4 asked by him. The instruction is as follows:
“If you find that Woodward was acting for plaintiff in regard to all matters concerning his transportation and fare, and that Woodward was representing and acting in plaintiff’s stead, with full authority to act, and Woodward knew when he left Benton that Whitacre had no right to ride as a free passenger on the contract, but intended, nevertheless, to evade or aid Whitacre in evading the payment of the lawful…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Moore v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1900