Choctaw, O. & G. R. Co. v. Cantwell

Decision Date07 April 1906
Citation95 S.W. 771
PartiesCHOCTAW, O. & G. R. CO. v. CANTWELL
CourtArkansas Supreme Court

Appeal from Circuit Court, Sebastian County; Styles T. Rowe, Judge.

Action by Jane Cantwell against the Choctaw, Oklahoma & Gulf Railroad Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed on condition.

T. S. Buzbee and E. B. Pierce, for appellant. Youmans & Youmans, for appellee.

BATTLE, J.

On the 21st day of August, 1903, Jane Cantwell purchased a ticket of the Choctaw, Oklahoma & Gulf Railroad Company for transportation over its road from Mansfield in Arkansas to Holdenville in the Indian Territory. She was on the depot platform with her three children, ready to take the train when it arrived. It remained from five to ten minutes. She succeeded in getting the oldest child, a little girl, on the train, when it moved out and left her and the other two children at the depot. Upon discovering the little girl on board the trainmen stopped about one or two hundred yards from the depot and put her off. They made no effort to run the train back to the depot. To have done so it would have been necessary to send a brakeman back about a half mile with a flag to protect against collisions, and delayed the train until it would have missed connections with other trains. Mrs. Cantwell made no effort and showed no disposition to get to the train when it stopped and it moved on.

The railway company filed an offer in court to confess judgment in favor of Mrs. Cantwell for the sum of ten dollars, which exceeded her actual damages; and she refused to accept it.

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