Moore v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Saline Circuit Court. STATEMENT BY THE COURT. The complaint charged that defendant was a common carrier, operating a railroad between Little Rock and Benton; that on the 23d day of May, 1894, she purchased a ticket from Little Rock to Benton, and entered one of defendant’s passenger ears, upon one of its trains, and took a seat therein as a passenger, for the purpose of going to Benton; that, after she had taken her seat, one of the agents of defendant in charge…
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Appeal from Saline Circuit Court. STATEMENT BY THE COURT. The complaint charged that defendant was a common carrier, operating a railroad between Little Rock and Benton; that on the 23d day of May, 1894, she purchased a ticket from Little Rock to Benton, and entered one of defendant’s passenger ears, upon one of its trains, and took a seat therein as a passenger, for the purpose of going to Benton; that, after she had taken her seat, one of the agents of defendant in charge of said train maliciously, without cause, and against the will and protest of the plaintiff, and to her shame and…
1Dissent
Bunn, C. J.,
(dissenting.) I think the court fails to properly discriminate between things a railroad company can do and those things it cannot do, when granting special privileges to excursionists. Ai’ailroad company, in consideration of eu - joying the special benefits of the state’s right of eminent domain, and also under the rules governing public carriers, owes certain duties to the public, of which it cannot relieve itself by leasing its road or trains to another. Among these is the duty of affording facilities at all times, under reasonable circumstances, for carrying freight and…
2Cases cited1 opinion
- Collins v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1897