Dillahunty v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Monroe 'Circuit Court; Eugene Lank-ford, Judge; 1. Instruction 1, given at ¡appellee’s request, does not correctly ¡state the law. It is immaterial whether the train was scheduled to stop' at Wheatley for passengers or not; ¡the fact is that it did stop there, and took on passengers when there were any waiting. The conductor was ¡bound to see appellant if he looked in the direction of the platform, for she was in plain view.
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Appeal from Monroe 'Circuit Court; Eugene Lank-ford, Judge; 1. Instruction 1, given at ¡appellee’s request, does not correctly ¡state the law. It is immaterial whether the train was scheduled to stop' at Wheatley for passengers or not; ¡the fact is that it did stop there, and took on passengers when there were any waiting. The conductor was ¡bound to see appellant if he looked in the direction of the platform, for she was in plain view. Likewise the other employees of appellee were there and should have taken notice of ¡any passengers present, and if they failed in this, appellee was liable.…
1Opinion of the CourtSmith, J.
Appellant brought this suit to recover damages to compensate an injury sustained ¡by her while attempting to 'board one of appellee’s passenger trains at Wheatley, a station upon the line of appellee’s .road. Appellant came over the Missouri & North Arkansas Railroad from 'Cotton Plant to Wheatley, and arrived at the last named place about 10 o’clock p. m. of March 6, 1914, and she remained at the depot :at Wheatley until 2:20 o’clock a. m. of March 7, at which time the train on which she expected to take passage arrived. This train was going west, ¡and the engine stopped just 'before…
2Cases cited3 opinions
- Huckaby v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. PurifoySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. WrightSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Little Rock Land Company v. RaperSupreme Court of Arkansas · 1968
- Thrower Ex Rel. Lockhart v. HenwoodSupreme Court of Missouri · 1943
- Hot Springs Street Ry. Co. v. JonesSupreme Court of Arkansas · 1962
- Missouri Pacific Transportation Co. v. ShepherdSupreme Court of Arkansas · 1941
- Fourche River Valley & Indian Territory Railway Co. v. CampSupreme Court of Arkansas · 1919
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