St. Louis, Iron Mountain & Southern Railway Co. v. Hartung
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The evidence does not sustain the verdict. 101 Mo. App. 52. A passenger riding on a freight train assumes all the risks of damages incident thereto. 87 Ark. 109; 76 Ark. 520; 83 Ark. 22. And the company is bound to exercise only the highest degree of care. 4 Elliott on Rds., § 1629; Ark.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The evidence does not sustain the verdict. 101 Mo. App. 52. A passenger riding on a freight train assumes all the risks of damages incident thereto. 87 Ark. 109; 76 Ark. 520; 83 Ark. 22. And the company is bound to exercise only the highest degree of care. 4 Elliott on Rds., § 1629; Ark. S. W. Ry. v. Wingfield, 94 Ark. 75; 90 Ark. 494. The passenger assumes the risk of the increased danger. 193 Mo. 104; 165 Mo. 612; 144 111. 261; 84 Mo. App. 498. In instructing the jury, it is error for the court to assume a fact in issue as proved.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Mrs. Grace Hartung, the plaintiff below, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages on account of personal injuries which she alleged she sustained while a passenger upon one of defendant's trains. The defendant ran a mixed train from Watson to Helena, two stations upon its line of railroad, in which it carried passengers and freight. The testimony on the part of the plaintiff tended to prove that she had paid her fare, and was entering defendant’s train as a passenger at Watson for Helena.
In the train were two passenger…
2Cases cited10 opinions
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Fort Smith & Western Railway Co. v. MessekSupreme Court of Arkansas · 1910
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Taylor v. EvansSupreme Court of Arkansas · 1912
7 more not listed; retrieve them via the Exa API.