Kruse v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; Where one who is able and willing to pay his fare takes passage on a freight train not intended for carriage of passengers by direction and permission of the company’s agent and conductor, he cannot be regarded as a trespasser, even though he has not paid the fare. 5 Am. & Eng. Enc. of L. SI4» note 1 5 83 Ala. 238; 3 Am. St. Rep. 715; 99 Mo. 263; 92 Mo. 208; 1 Am. St. Rep. 760; 31 Am. & Eng. Ry.
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Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; Where one who is able and willing to pay his fare takes passage on a freight train not intended for carriage of passengers by direction and permission of the company’s agent and conductor, he cannot be regarded as a trespasser, even though he has not paid the fare. 5 Am. & Eng. Enc. of L. SI4» note 1 5 83 Ala. 238; 3 Am. St. Rep. 715; 99 Mo. 263; 92 Mo. 208; 1 Am. St. Rep. 760; 31 Am. & Eng. Ry. Cases 1; 9 Utah 340. And such person is entitled to the privileges and protection of a passenger. 38 La. Ann. 111. There is no presumption…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, C. H. Kruse, instituted this action in the circuit court of Faulkner County to recover damages for personal injuries received while riding on one of appellee’s freight trains which he had boarded at Malvern, Ark., en route to Texarkana. His injuries were caused by a collision with another train at Witherspoon, Ark. He alleged that he was a passenger on the train, and had paid his fare to Texarkana. The answer denied that plaintiff was a passenger, alleged that the train was one on which passengers were not allowed, and that plaintiff was a trespasser on the train, and had not paid…
2Cases cited9 opinions
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Stokes v. StateSupreme Court of Arkansas · 1902
- Fitzmaurice v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Condran v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Arkansas Midland Railway Co. v. GriffithSupreme Court of Arkansas · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Merchants National Bank v. NeesIndiana Court of Appeals · 1915
- McVay v. StateSupreme Court of Arkansas · 1912
- St. Louis Southwestern Railway Co. v. McLaughlinSupreme Court of Arkansas · 1917
- St. Louis-San Francisco Railway Company v. BleySupreme Court of Arkansas · 1925
- Missouri Pacific Railroad v. Hancock & BuchananSupreme Court of Arkansas · 1938
4 more not listed; retrieve them via the Exa API.