St. Louis & San Francisco Railroad v. Blythe
Supreme Court of Arkansas
Appeal from Crittenden Cricuit Court; Frank Smith, Judge; statement by the court. Alice Blythe and A. K. Blythe instituted separate suits in the Crittenden Circuit Court against the St. Louis & San Francisco Railroad Company to recover damages for their alleged ejection from one of its passenger trains. By consent of parties, the cases were ordered consolidated and were tried together. The defendant has appealed to this court from the judgment rendered against it.
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Appeal from Crittenden Cricuit Court; Frank Smith, Judge; statement by the court. Alice Blythe and A. K. Blythe instituted separate suits in the Crittenden Circuit Court against the St. Louis & San Francisco Railroad Company to recover damages for their alleged ejection from one of its passenger trains. By consent of parties, the cases were ordered consolidated and were tried together. The defendant has appealed to this court from the judgment rendered against it. The facts necessary to a determination of the issues involved, briefly stated, are as follows: On or about October 1, 1908, A. K.…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellant rely for a reversal upon the action of the court in refusing to give to the jury the following instruction:
“No. 2. The defendant railroad company had the right to establish a rule requiring passengers to purchase tickets before entering trains. If the jury finds that it had established such a rule, and that the passengers were afforded a reasonable opportunity to purchase tickets before the departure of the train on which they wished to take passage, and did not do so, and the brakeman refused politely to allow the passengers to enter…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
3Cited by10 opinions
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1914
- St. Louis Southwestern Railway Co. v. HammettSupreme Court of Arkansas · 1911
- Simmons v. LuskSupreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railway Co. v. BlundellSupreme Court of Arkansas · 1917
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
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