St. Louis, Iron Mountain & Southern Railway Co. v. Plott
Supreme Court of Arkansas
. Appeal from Franklin Circuit Court, Ozark District ; Jeptha H. Evans, Judge; 1. The court should have directed a verdict for the defendant. 99 Ark. 252, and authorities cited; see 85 Ark.
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. Appeal from Franklin Circuit Court, Ozark District ; Jeptha H. Evans, Judge; 1. The court should have directed a verdict for the defendant. 99 Ark. 252, and authorities cited; see 85 Ark. Í17; 59 Ark. 185. 2. It was error to charge the jury that “if plaintiff recklessly and negligently jumped off the train while in motion, and was injured thereby, plaintiff can not recover,” since it places the burden upon the defendant to show that not only the plaintiff was wanting in ordinary care for her own protection, but also that she must have acted in a reckless, as well as a negligent manner. The…
1Opinion of the CourtMcCulloch, C. J.
Appellee was a passenger on appellant’s train from Delaware, Oklahoma, to Greenwood Junction, Oklahoma, and was injured while stepping from the train at her destination.
She testified that when the train reached Greenwood Junction, it stopped only a few moments; that the station was not called, and when she looked out of the car window, it appeared to her that it had stopped at a tie yard; that as the train moved off, she started up to the car door and asked the brakeman or porter if that ivas her station —Greenwood Junction, and that he told her it was, and instructed her to step off the…
2Cases cited2 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. CalhounSupreme Court of Oklahoma · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. GreenSupreme Court of Arkansas · 1908
3Cited by4 opinions
- Tuggle v. TribbleSupreme Court of Arkansas · 1927
- Missouri Pacific Transportation Co. v. ShepherdSupreme Court of Arkansas · 1941
- Missouri Pacific R.R. Co. v. SmithSupreme Court of Arkansas · 1938
- Moore v. MearsSupreme Court of Arkansas · 1981