Bradford v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT by the court. October 30, 1908, appellant filed complaint in the Lonoke Circuit Court against the St. Louis, Iron Mountain & Southern Railway Company, charging that, while he was a passenger on the defendant’s train, the conductor "recklessly, maliciously and unlawfully struck and choked said plaintiff,”' and that the conductor and the porter and the brakeman again assaulted him, beat him upon the head,…
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT by the court. October 30, 1908, appellant filed complaint in the Lonoke Circuit Court against the St. Louis, Iron Mountain & Southern Railway Company, charging that, while he was a passenger on the defendant’s train, the conductor "recklessly, maliciously and unlawfully struck and choked said plaintiff,”' and that the conductor and the porter and the brakeman again assaulted him, beat him upon the head, cursed, choked and threatened to kill him. Damages were asked in the sum of $1,900 actual damages, and $500 punitive damage.…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The court in correct instructions presented to the jury the issues of fact as tc whether -it became necessary for the conductor in the discharge of his duty to eject appellant from the smoker, and, if so, whether -he performed his duty in a lawful manner, i. e., without any unnecessary force, and without any insult or uncalled for humiliation to appellant. The verdict of the jury settles the disputed questions of fact in favor of appellee.
2. The controverted questions of law are presented in the refusal of the court to give appellant’s prayer number 7…
2Cases cited1 opinion
- Ohio Valley Railway's Receiver v. LanderCourt of Appeals of Kentucky · 1898
3Cited by4 opinions
- Bush v. SnowSupreme Court of Arkansas · 1917
- Chicago, R. I. & P. R. Co. v. SharpSupreme Court of Oklahoma · 1922
- Little Rock Railway & Electric Co. v. HamptonSupreme Court of Arkansas · 1914
- St. Louis Southwestern Railway Co. v. GreenSupreme Court of Arkansas · 1911