Chicago, Rock Island & Pacific Railway Co. v. Claunts
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jeptha H. Bvans, Judge; 1. Appellant was not guilty of any negligence, and a verdict should have been directed in its favor. 63 S. E. 445; 54 Am. & Eng. R. Oases (N. S.) 417; 93 Ark. 240. 2. Appellee was guilty of negligence or assumed the risk of injury in getting down and standing upon the step of the car while the train was in motion. 46 Ark’. 528; 61 S. E. 826; 52 Am. & Eng.
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Appeal from Logan Circuit Court, Southern District; Jeptha H. Bvans, Judge; 1. Appellant was not guilty of any negligence, and a verdict should have been directed in its favor. 63 S. E. 445; 54 Am. & Eng. R. Oases (N. S.) 417; 93 Ark. 240. 2. Appellee was guilty of negligence or assumed the risk of injury in getting down and standing upon the step of the car while the train was in motion. 46 Ark’. 528; 61 S. E. 826; 52 Am. & Eng. R. Cases (N. S.) 326; 75 N. E. 515; 44 Am. & Eng. R. Oases (N. S.) 755; 83 N. E. 32; 50 Am. & Eng. R. Cases (N. S.) 302; 86 Ark. 325. 3. The first instruction given…
1Opinion of the CourtFrauEnthar, J.
This was an action instituted by P. M. Claunts, the plaintiff below, to recover damages for an injury which he alleged he sustained while a passenger in- attempting to alight from one of defendant’s trains. Upon a -trial of the case the jury returned a verdict in favor of the plaintiff, and it is contended by counsel for defendant upon this appeal that the judgment entered thereon should be reversed upon the ground that there is not sufficient evidence to sustain the verdict. Giving to the testimony its strongest probative force in favor of the plaintiff, it established the following facts:
The…
2Cases cited13 opinions
- Legler v. PaineIndiana Supreme Court · 1896
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- St. Louis, I. M. & S. R. R. v. CantrellSupreme Court of Arkansas · 1881
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Little Rock & Fort Smith Ry. v. AtkinsSupreme Court of Arkansas · 1885
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3Cited by3 opinions
- Kansas City Southern Railway Co. v. WorthingtonSupreme Court of Arkansas · 1911
- Steptoe v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- Hines v. SmithSupreme Court of Arkansas · 1920