Legal Opinion

Kansas City Southern Railway Co. v. Belknap

Supreme Court of Arkansas

Decided November 26, 1906PublishedCited by 6 opinions

Appeal from Benton Circuit Court; John N. Tillman, Judge; STATEMENT BY TI-IE COURT. Appellee stepped from the steps of the platform bn the rear end of the “smoker” of one of appellant’s passenger trains, and fell into a creek ten or fifteen feet below, and was injured.

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Appeal from Benton Circuit Court; John N. Tillman, Judge; STATEMENT BY TI-IE COURT. Appellee stepped from the steps of the platform bn the rear end of the “smoker” of one of appellant’s passenger trains, and fell into a creek ten or fifteen feet below, and was injured. He sued appellant, laying his damages at $2,000, and alleging that his. injuries were caused by appellant’s negligence in stopping its passenger train on a bridge at a dangerous place without any warning to appellee and without any precautions to prevent the accident and by calling and announcing the station of “Sulphur…

1Opinion of the Court

Wood, J.,

(after stating the facts.) First: We have carefully reviewed the evidence, and are of the opinion that it is sufficient here to support the verdict.

Appellee adduced evidence tending to support his contention that the station of “Sulphur Springs” was called by a trainman about a quarter or half a mile before reaching same, and that shortly thereafter the train stopped, and that he, supposing that the train had stopped at its usual stopping place at the station, attempted to debark; that if the train had in fact stopped after the announcement “Sulphur Springs” at the station, instead…

2Cases cited3 opinions

  1. Butler v. StateSupreme Court of Arkansas · 1879
  2. Crumpton v. StateSupreme Court of Arkansas · 1889
  3. Stanley v. Aetna InsuranceSupreme Court of Arkansas · 1902

3Cited by6 opinions

  1. Graham and Seaman v. StateSupreme Court of Arkansas · 1938
  2. Paxton v. StateSupreme Court of Arkansas · 1914
  3. McCain v. StateSupreme Court of Arkansas · 1917
  4. Judy v. McDanielSupreme Court of Arkansas · 1969
  5. Lansdell v. WoodsSupreme Court of Arkansas · 1917

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