Memphis, Dallas & Gulf Railroad v. Steel
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The damages must he the natural and proximate consequence of the injury. 3 Hutch, on Car., § 1430; 70 N. E. 205; 105 U. S. 249; 7 Wall. 244; 94 U. S. A. 469; 43 N. W. 513; 74 Wis. 53; 32 Me. 946; 40 Am. St. 724. 2. Everything possible was done to prevent the injury- 69 Ark. 402; 77 Id. 157; 56 Id. 252. The want of care did not contribute to produce the injury. 78 N. W. 598; 53 Am.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The damages must he the natural and proximate consequence of the injury. 3 Hutch, on Car., § 1430; 70 N. E. 205; 105 U. S. 249; 7 Wall. 244; 94 U. S. A. 469; 43 N. W. 513; 74 Wis. 53; 32 Me. 946; 40 Am. St. 724. 2. Everything possible was done to prevent the injury- 69 Ark. 402; 77 Id. 157; 56 Id. 252. The want of care did not contribute to produce the injury. 78 N. W. 598; 53 Am. St. 391; 81 N. J. L. 661; 80 Atl. 495; 25 Am. & E. Ann. Cases, 525. 3. The appellee assumed the risk by accepting a free pass. 82 Ark. 441; 192 U. S.…
1Opinion of the CourtSmith, J.
The appellee began this action in the Pike County Circuit Court, alleging substantially the following facts as constituting his cause of action. That the defendant is a railroad corporation, organized under the laws of this State, owning and operating a line of railroad from Ashdown in Little River County to Murfreesboro in Pike County in said State and is a common carrier of freight and passengers for hire. That on the 5th day of December, 1911, plaintiff took passage on a mixed train from Murfreesboro to Ashdown, after having procured his necessary transportation; that he took his seat in…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Files v. TebbsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. PitcockSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Vangemert v. McCalmonWashington Supreme Court · 1966
- Briley v. WhiteSupreme Court of Arkansas · 1946
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
- Charleston & Western Carolina Railway Co. v. ThompsonCourt of Appeals of Georgia · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1915
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