St. Louis, Iron Mountain & Southern Railway Co. v. Baty
Supreme Court of Arkansas
Appeal from Miller Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action for tort brought by W. H. Baty against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for an alleged wrongful expulsion from one of its passenger trains. W. H. Baty has resided in and near Nec'hes, Texas, for the past twelve years. His family consists of himself, wife and two children.
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Appeal from Miller Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action for tort brought by W. H. Baty against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for an alleged wrongful expulsion from one of its passenger trains. W. H. Baty has resided in and near Nec'hes, Texas, for the past twelve years. His family consists of himself, wife and two children. In 1906 he contemplated making a trip with his family to Hot Springs, and made inquiry of the local agent of the International & Great Northern Railroad Company. He also talked with the…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The objection of counsel for appellant to the instructions given by the court, and their insistence that the instructions asked by them should! have been given, are both based upon the same proposition, and that is that the face of the ticket presented by the passenger was, as to the train auditor, conclusive of the terms of the contract of carriage between the passenger and the railroad company.
The precise question has been determined adversely to their contention by this court in the case of Hot Springs Railroad Co. v. Deloney, 65 Ark. 177.
In that case…
2Cases cited2 opinions
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Little Rock Railway & Electric Co. v. GoernerSupreme Court of Arkansas · 1906
3Cited by3 opinions
- Atchison, T. & S. F. Ry. Co. v. VosburgSupreme Court of Oklahoma · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1909