Chicago, Rock Island & Pacific Railway Co. v. Brown
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. The complaint in this ease alleges that on the 19th day of August, 1911, plaintiff’s wife, Hallie Brown, was a passenger on defendant’s train from Brinkley to Newport; that she was seated in the fourth seat from the front in the rear ear of said train, and that one F. H. Kennedy boarded said train and was seated in the third seat from the rear of the same coach; that said train proceeded on its…
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. The complaint in this ease alleges that on the 19th day of August, 1911, plaintiff’s wife, Hallie Brown, was a passenger on defendant’s train from Brinkley to Newport; that she was seated in the fourth seat from the front in the rear ear of said train, and that one F. H. Kennedy boarded said train and was seated in the third seat from the rear of the same coach; that said train proceeded on its course from Brinkley until its arrival at Saulsburg, where one R. C. Lynch boarded the train and seated himself on the…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellee says the evidence here discloses that appellant’s employees were doubly negligent, first, in failing to exercise any care whatever to stop the difficulty, find, second, in failing to endeavor to stop the panic among the passengers and thereby preventing Mrs. Brown being pushed from its moving train. A citation of cases is unnecessary because the law of the case is not in dispute, for if there is any liability here it would be upon the theory that the employees of the carrier had, or should have had, knowledge of the impending trouble; or that…
2Cited by5 opinions
- Black & White Cab Co. v. DovilleSupreme Court of Arkansas · 1952
- Beasley v. HinesSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1915
- Memphis, Dallas & Gulp Railroad v. TrussellSupreme Court of Arkansas · 1916
- Continental Southern Lines, Inc. v. GoodsellSupreme Court of Arkansas · 1969