St. Louis, Iron Mountain & Southern Railway Co. v. Brabbzson
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; statlmrnt by the; cqurt. • This is an action instituted by an infant, suing by next friend, against the railway company for damages for personal injuries received while she was a passenger on a local freight train which carried passengers regularly.
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Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; statlmrnt by the; cqurt. • This is an action instituted by an infant, suing by next friend, against the railway company for damages for personal injuries received while she was a passenger on a local freight train which carried passengers regularly. She was a passenger en route from Newport, Arkansas, to Tuckerman, and received the alleged injuries complained of when she was about to debark from the train at her destination. It is alleged in the complaint that “upon the arrival of said train at Tuckerman, the same was stopped…
1Opinion of the Court
McCultoch, J.,
(after stating the facts). Appellant challenges the sufficiency of the evidence, and contends that a peremptory instruction should have been given.
The testimony introduced on behalf of appellee tends to show that when the train reached Tuckerman the caboose came to a standstill near a certain- road crossing where it was accustomed to stop, or where it sometimes stopped (there being no regular stopping place for local freight trains), and all the passengers walked forward to the door preparatory to alighting, and some of them did alight at that time; that the train was then put…
2Cases cited4 opinions
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- Saint Louis, Iron Mountain & Southern Railway Co. v. SnellSupreme Court of Arkansas · 1907
3Cited by14 opinions
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- Scullin v. ViningSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
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