St. Louis, Iron Mountain & Southern Railway Co. v. Waters
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellant to recover damages alleged to have been sustained by him in being wrongfully arrested and being ejected from one of appellant’s trains while he was a passenger thereon. Hal. C. Waters, the appellee, testified as follows: “I am the plaintiff in this action.
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellant to recover damages alleged to have been sustained by him in being wrongfully arrested and being ejected from one of appellant’s trains while he was a passenger thereon. Hal. C. Waters, the appellee, testified as follows: “I am the plaintiff in this action. On the 30th day of November, 1910, I left Pine Bluff, Arkansas, for Coming, Arkansas, over appellant’s line of railroad. I reached Little Rock about 11:30 o’clock A. M. and left there for Coming about 4:30 that…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of St. Louis, Iron Mountain & Southern Railway Company v. Hudson, 95 Ark. 506, the court held:
“In a suit against a carrier for an arrest made by its conductor. an instruction that, though the conductor was the judge as to whether plaintiff was intoxicated when arrested, yet if he was mistaken the company would be liable, was erroneous, as it ignored the question whether the conductor acted in good faith.”
It is now the contention of appellant that when a conductor arrests a passenger and ejects him from a train, in pursuance of the act of 1909…
2Cases cited7 opinions
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- McAleer v. GoodSupreme Court of Pennsylvania · 1907
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- King v. Illinois Central RailroadMississippi Supreme Court · 1891
- Midland Valley Railroad v. HamiltonSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. HaeusslerCalifornia Supreme Court · 1953
- People v. DingleCalifornia Court of Appeal · 1922
- Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
- Jones v. City of Forrest CitySupreme Court of Arkansas · 1965
- Watkins v. Oaklawn Jockey ClubDistrict Court, W.D. Arkansas · 1949
11 more not listed; retrieve them via the Exa API.