St. Louis, Iron Mountain & Southern Railway Co. v. Glossup
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. All the circumstances point to the fact that the train had not reached the station, and under the circumstances appellee could not reasonably conclude that it had done so. 70 Ark. 264; 75 Ark. 165. And appellant could not be held responsible where the appellee, as the facts and circumstances show, failed to use the ordinary sense of sight. 7 L. R. A. 323; 12 Am. & Eng.
Read the full summary
Appeal from Drew Circuit Court; Henry W. Wells, Judge; 1. All the circumstances point to the fact that the train had not reached the station, and under the circumstances appellee could not reasonably conclude that it had done so. 70 Ark. 264; 75 Ark. 165. And appellant could not be held responsible where the appellee, as the facts and circumstances show, failed to use the ordinary sense of sight. 7 L. R. A. 323; 12 Am. & Eng. R. Cas. 165. 2. Appellee was not a passenger for this station or destination, and if he undertook to alight it was his duty to know that he was alighting in a safe…
1Opinion of the CourtMcCulloch, J.
Appellee took passage at Dermott, Arkansas, on one of appellant’s trains on the Warren branch, bound for Monticello, Arkansas, and sues to recover compensation for personal injuries alleged to have been received on account of the negligence of appellant’s servants in charge of the train. The train left Dermott about six o’clock in the evening on November 15, 1906, and the coaches were crowded with passengers who had attended the circus in Dermott that day. Just before the train reached Baxter, a station about four miles distant from Dermott, the conductor, in order to gain time for the…
2Cases cited7 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Memphis & Little Rock Railway Co. v. StringfellowSupreme Court of Arkansas · 1884
- Railway Co. v. JohnsonSupreme Court of Arkansas · 1894
- Arkansas Central Railroad v. BennettSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bowlin v. ArcherCourt of Appeals of Kentucky · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. BroganSupreme Court of Arkansas · 1912
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1911
- Steptoe v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
1 more not listed; retrieve them via the Exa API.