St. Louis Southwestern Railway Co. v. Harrison
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Chas. W. Smith, Judge; Conceding the door was locked and this, by the negligence of defendant, it was not the proximate cause, or juridical cause of the injury. 91 Ark. 262; 86 Id. 289; 87 Id. 576; 76 Id. 522. But no negligence is shown.
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Appeal from Calhoun Circuit Court; Chas. W. Smith, Judge; Conceding the door was locked and this, by the negligence of defendant, it was not the proximate cause, or juridical cause of the injury. 91 Ark. 262; 86 Id. 289; 87 Id. 576; 76 Id. 522. But no negligence is shown. Defendant had no notice or knowledge that appellee was off the train, nor of his peril. 54 Ark. 28; 55 Id. 428 ; 76 Id. 524; 11 S. W. 326. Appellee was a passenger. 82 Ark. 393. The law requires cabooses to be provided with closets. Act No. 418, May 31,1911. The conduct of plaintiff was that of a reasonably prudent person,…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff took passage on one of defendant’s local freight trains at Pine Bluff to be transported to Clio, another station, .and when the train stopped near an intervening station for the puprose of unloading and for ballast, he got off to urinate, the .closet in the caboose being locked at the time. The train was' moved while he was outside of the caboose, and injured him, and he sues to recover damages.
The facts are set forth in the complaint as follows: “While a passenger on defendant’s said train between said stations, and while near the station of Faith, it became necessary for the…
2Cases cited2 opinions
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Cruseturner v. International & Great Northern Railroad Co.Court of Appeals of Texas · 1905