Legal Opinion

Arkansas Midland Railway v. Canman

Supreme Court of Arkansas

Decided November 15, 1889PublishedCited by 15 opinions

APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. 1. Prima facie, where a passenger is injured without fault of his own, there is a legal presumption of negligence, which the railway company must rebut. 3‡ Ark., 613. The testimony shows beyond question that the appellant was guilty of no negligence.

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APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. 1. Prima facie, where a passenger is injured without fault of his own, there is a legal presumption of negligence, which the railway company must rebut. 3‡ Ark., 613. The testimony shows beyond question that the appellant was guilty of no negligence. The road was properly and skilfully constructed and maintained; there was no defect in the machinery of the train; no negligence in the method of operating the road ; the train was sufficiently and properly officered by competent men; all was done that could have been done. The accident…

1Opinion of the CourtBattle, J.

The Arkansas Midland Railroad Company is a corporation owning and operating a railroad between Helena and Clarendon, in this State, for the carriage of passengers and freight to and from its termini and intervening points. It has never run trains, exclusively, for transporting passengers, but the trains on which it has carried them were composed of passengers and freight cars, and carried freight. On the 12th of January, 1888, for a valuable consideration, it undertook to -carry O. G. Canman, as a passenger, on a train composed of two box cars, a baggage car and two passenger coaches, from…

2Cases cited4 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Pittsburg, Cincinnati & St. Louis Railway Co. v. ThompsonIllinois Supreme Court · 1870
  3. Murray v. . New York Life Ins. Co.New York Court of Appeals · 1884
  4. Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co.Massachusetts Supreme Judicial Court · 1867

3Cited by15 opinions

  1. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
  2. Fordyce v. JacksonSupreme Court of Arkansas · 1892
  3. Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
  4. Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
  5. Bree v. JalbertNew Jersey Superior Court Appellate Division · 1965

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