Hines v. Smith
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Appellee’s prayer for an instructed verdict should have been sustanied, and it was reversible error to refuse it.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Appellee’s prayer for an instructed verdict should have been sustanied, and it was reversible error to refuse it. Where a person hoards a train it is his duty to inform himself whether or not the train, he is on is scheduled to stop at the station where he desires to disembark. 47 Ark. 74; 99 Id. 248. The tailing up of the ticket by the conductor, or auditor, does not require him to stop the train or land the passenger at his destination, where he has embarked without attempting to. learn whether it would stop at his…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Henry M. Smith, resides at Donaldson, a station on the line of road of the Missouri Pacific Railroad Company, south of Malvern in Hot Spring County, and when he was discharged from the service of the United States in the aviation corps he took passage at St. Louis on one of the trains operated by the Director General of Railroads on August 4, 1919, en route to his home. He purchased a ticket from St. Louis to Donaldson and embarked on a passenger train leaving St. Louis at 9:05 c ’clock in the morning. That train goes through to Texas and does not stop at Donaldson. It is…
2Cases cited2 opinions
- St. L., I. M. & S. Ry. v. AtchisonSupreme Court of Arkansas · 1885
- Chicago, Rock Island & Pacific Railway Co. v. ClauntsSupreme Court of Arkansas · 1911