Railway Co. v. Tankersley
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, Dardanelle District. George S. Cunningham, Judge. Mrs. Sarah E. Tankers ley, an elderly lady, was a passenger on a train on the Little Rock and Fort Smith Railroad.
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APPEAL from Yell Circuit Court, Dardanelle District. George S. Cunningham, Judge. Mrs. Sarah E. Tankers ley, an elderly lady, was a passenger on a train on the Little Rock and Fort Smith Railroad. She complains that when the train arrived at her station, it stopped, but not long enough to enable her to alight in safety; that while she was in the act of alighting, the train was carelessly and negligently started with a jerk, throwing her ujion the platform and seriously injuring her. Defendant answered, denying negligence on its part, and alleging contributory negligence on the part of…
1Opinion of the CourtHemingway, J.
The injury complained of was sustained by the plaintiff, a passenger on defendant’s cars, in attempting to alight at the end of her journey, while the cars were in motion. Two questions were therefore involved in the proper determination of the cause: First, was the injury attributable to any misconduct of the defendant? Second, did the plaintiff contribute to it by any negligence on her part? There was evidence tending to maintain a contention on each side of both of the questions stated, and the charge of the court was given with reference to every aspect of the evidence.
1. Duty to stop…
2Cited by5 opinions
- Ward v. Blake Manuf'g Co.Court of Appeals for the Eighth Circuit · 1893
- Shawnee Gas & Electric Co. v. GriffithSupreme Court of Oklahoma · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. BriggsSupreme Court of Arkansas · 1908
- Kansas City Southern Railway Co. v. WorthingtonSupreme Court of Arkansas · 1911
- Bankers' Fire Insurance v. WilliamsSupreme Court of Arkansas · 1928