St. Louis, Iron Mountain & Southern Railway Co. v. Grimsley
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATRMRNT BY THR COURT. The appellee sued appellant to recover damages for injuries received by him in falling through a seat in the passenger depot of appellant in the city of Texarkana, Arkansas. The seat had a defective bottom.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATRMRNT BY THR COURT. The appellee sued appellant to recover damages for injuries received by him in falling through a seat in the passenger depot of appellant in the city of Texarkana, Arkansas. The seat had a defective bottom. Appellee alleged that he accompanied his daughter-in-law and her children to said depot for the purpose of aiding them to embark on said appellant’s passenger train as passengers; that when they arrived at the depot he purchased a ticket for them and took a seat beside his daughter-in-law to wait for the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant contends that appellee’s own evidence shows that he was guilty of contributory negligence, and that the court should have so told the jury as matter of law, and should have granted appellant’s request for peremptory instruction, because of appellee’s contributory negligence. The court’s ruling was correct. Appellant did not set up contributory negligence in its answer, and hence it was not an issue in the case. St. Louis, I. M. & S. Ry. Co. v. Philpot, 72 Ark. 23. But, even if it had been pleaded,, it was, at most, only a question for the jury…
2Cases cited3 opinions
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. PhilpotSupreme Court of Arkansas · 1903
3Cited by3 opinions
- Midland Valley Co. v. HilliardSupreme Court of Oklahoma · 1915
- Mahoney v. PearceWyoming Supreme Court · 1928
- Nutt v. FrySupreme Court of Arkansas · 1915