St. Louis & San Francisco Railroad v. Petties
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; Appellee accepted the transportation, knowing the crowded condition of the coach, did not notify the conductor of any special reason why she should have a seat, nor of any reason why standing would injure her, but remained in the coach and alighted at her destination without complaint. She cannot recover. 75 Ark. ¿42. This was an extraordinary occasion, impossible to 'have been foreseen and provided for.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; Appellee accepted the transportation, knowing the crowded condition of the coach, did not notify the conductor of any special reason why she should have a seat, nor of any reason why standing would injure her, but remained in the coach and alighted at her destination without complaint. She cannot recover. 75 Ark. ¿42. This was an extraordinary occasion, impossible to 'have been foreseen and provided for. Even where a railroad company is advised of unusual travel, it is not required to do more than exercise ordinary care to provide…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, who was a young colored woman, took passage on one of defendant’s trains at Ft. Smith, en route to Van Burén, Arkansas, a distance of about five miles. It was a fast train, known as the “Cannon Ball,” and made the trip to Van Burén in about fourteen minutes. The plaintiff purchased a ticket, and rode to Van Burén, but failed to get a seat, and was compelled to remain standing throughout the journey. She claims to have suffered injury by ¡reason of having to stand, and the trial jury awarded her damages in ¡the sum of $35. There was an unusually large crowd at the station to…
2Cases cited2 opinions
- Chesapeake & Ohio Ry. v. CommonwealthCourt of Appeals of Kentucky · 1905
- Crafton v. Home InsuranceCourt of Appeals of Kentucky · 1922
3Cited by4 opinions
- Jackson v. BeaversSupreme Court of Georgia · 1923
- Chicago, Rock Island & Pacific Railway Co. v. AllisonSupreme Court of Arkansas · 1915
- Hines v. MeadorSupreme Court of Arkansas · 1920
- Oletzky v. Great Northern Railway Co.Supreme Court of Minnesota · 1918