Pittman v. Hines
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The proof clearly shows that plaintiff “jumped through the open door of the vestibule” and that the door was open when plaintiff jerked loose from Knight and leaped from the train. The proof clearly warrants the conclusion that members of the crew left the door open, and the question of negligence should have been sent to a jury.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The proof clearly shows that plaintiff “jumped through the open door of the vestibule” and that the door was open when plaintiff jerked loose from Knight and leaped from the train. The proof clearly warrants the conclusion that members of the crew left the door open, and the question of negligence should have been sent to a jury. The conductor and brakemen knew plaintiff was insane when placed on the train, and carriers of passengers must use due care and attention and exercise special care, prudence and foresight for such passenger’s…
1Opinion of the CourtHumphreys, J.
Appellant, an insane person, instituted suit, through his guardian, in the Dallas Circuit Court, against appellee, Director General of Railroads, who was in charge of and operating the Chicago, Rock Island & Pacific Railroad from Fordyce to Little Rock, to recover damages for an injury caused by appellant’s jumping from a moving train through a vestibule door, alleged to have been negligently opened, or left open, by appellee’s employees.
Appellee filed answer, denying negligence and, by way of further defense, pleading exemption on the ground that he had a right to assume that…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. PurifoySupreme Court of Arkansas · 1911
3Cited by4 opinions
- Kercher's Administrator v. Richmond, Fredericksburg & Potomac RailroadSupreme Court of Virginia · 1928
- Crenshaw v. Doubletree Corp.Court of Appeals of Arkansas · 2003
- Missouri Pacific Transportation Co. v. ShepherdSupreme Court of Arkansas · 1941
- Missouri Pacific R.R. Co. v. SmithSupreme Court of Arkansas · 1938