Arkansas Central Railroad v. Janson
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Evans, Judge; No pecuniary loss was shown, nor any physical injury. Mental anguish cannot be made the basis of an action for damages independent of any physical injury. 67 Ark. 130; 84 Id. 47. The case of Ry. Co. v. Hook, 83 Ark., does not apply to this case.
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Appeal from Franklin Circuit Court, Charleston District; Jeptha H. Evans, Judge; No pecuniary loss was shown, nor any physical injury. Mental anguish cannot be made the basis of an action for damages independent of any physical injury. 67 Ark. 130; 84 Id. 47. The case of Ry. Co. v. Hook, 83 Ark., does not apply to this case. Discomfort is not sufficient to tack on or hitch mental suffering. 89 Ark. 187. A public carrier is held to the highest degree of care and skill * * * and is liable for the slightest -degree of negligence toward passengers. 40 Ark. 298; 51 Id. 459; 60 Id. 550; 57 Id. 287.…
1Opinion of the CourtFrauenthal, J.
The plaintiffs, J. M. Janson, Sue Janson, T. M. Baldrich and Edna Baldrich, instituted separate suits against the defendant, Arkansas Central Railroad Company, for the recovery of damages for injuries which they alleged -they sustained while passengers on one of the defendant’s freight trains. The four cases were consolidated, and were tried together by the court sitting as a jury.
On the 12th day of December, 1907, the plaintiffs purchased tickets from defendant -at P-aris, Arkansas, for Fort Smith, Arkansas, and about 7 o’clock p. m. of that day took passage at Paris, Ark., in the caboose of…
2Cases cited12 opinions
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Williams v. . VanderbiltNew York Court of Appeals · 1863
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1910
- France v. ShockeySupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.