Beach v. Eureka Traction Co.
Supreme Court of Arkansas
Appeal from Carroll Circuit Court; Jos. S. Maples, Judge; 1. It was error to direct a verdict. There was at least some evidence to establish an issue and the cause should have been submitted to a jury. 63 Ark. 94; 77 Id. 556; 70 Id. 74; 89 Id. 368; 90 Id. 210; 91 Id. 337; 93 Id. 191; 95 Id. 560; 96 Id. 394; 103 Id. 401; 71 Id. 445. 2. There was evidence of negligence.
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Appeal from Carroll Circuit Court; Jos. S. Maples, Judge; 1. It was error to direct a verdict. There was at least some evidence to establish an issue and the cause should have been submitted to a jury. 63 Ark. 94; 77 Id. 556; 70 Id. 74; 89 Id. 368; 90 Id. 210; 91 Id. 337; 93 Id. 191; 95 Id. 560; 96 Id. 394; 103 Id. 401; 71 Id. 445. 2. There was evidence of negligence. Appellee was a common carrier of passengers and it was its duty to exercise the highest degree of care for the passenger’s safety, and provide a safe place to alight. 89 Ark. 222; 75 Id. 211 1. The court properly directed a…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellee in the circuit court for the Western District of Carroll County, to recover damages for an injury received through the alleged negligence of appellee while alighting from its street car in Eureka Springs. The allegation of negligence in the complaint insisted upon for recovery is the charge that appellee failed to furnish her a safe place to alight in this, that upon reaching her destination, appellee stopped its car at a point on the line of its railway where the ground was uneven and washed out until the step was too high for her left foot to reach…
2Cases cited4 opinions
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
- Oliver v. Ft. Smith Light & Traction Co.Supreme Court of Arkansas · 1909
3Cited by8 opinions
- Missouri Pacific Transportation Co. v. RobinsonSupreme Court of Arkansas · 1935
- Mosley v. RainesSupreme Court of Arkansas · 1931
- Arkansas Power & Light Co. v. HughesSupreme Court of Arkansas · 1934
- Carson v. Dierks Lumber Coal CompanySupreme Court of Arkansas · 1938
- Adams v. BrowningSupreme Court of Arkansas · 1938
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