Missouri Pac. R. Co. v. Hanna

• Decision Date: 29 January 1923
• Docket Number: (No. 130.)
• Citation: 247 S.W. 1044
• Parties: MISSOURI PAC. R. CO. v. HANNA.
• Court: Arkansas Supreme Court

247 S.W. 1044

MISSOURI PAC. R. CO. v. HANNA.

(No. 130.)

Supreme Court of Arkansas.

January 29, 1923.

Rehearing Denied March 5, 1923.

Appeal from Circuit Court, Poinsett County; J. M. Futrell, Judge.

Action by R. L. Hanna against the Missouri Pacific Railroad Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Thos. B. Pryor, of Ft. Smith, and Gordon Frierson, of Jonesboro, for appellant.

Irving M. Greer, of Harrisburg, for appellee.

HUMPHREYS, J.

Appellee instituted suit against appellant in the Poinsett circuit court to recover damages in the sum of $2,000, on account of injuries received in alighting from its train at Gale, Ill., through the alleged negligent act of its conductor in inviting and advising him to get off at that place. It was alleged that appellee was, at the time, accompanying a shipment of stock from Harrisburg, Ark., to St. Louis, Mo., and in obedience to the advice of the conductor did alight from said train, with the result that he was thrown to the ground and seriously and permanently injured; that at the time it was so dark he could not tell how fast the train was moving, and in debarking acted solely upon the advice of appellant's employee. Appellant filed an answer, admitting that appellee was a passenger upon said train, accompanying a stock shipment to St. Louis, but denied all other material allegations in the complaint. Appellant also interposed the following defenses: First, contributory negligence on the part of appellee in alighting from a moving train; second, the written contract for transportation, which required the appellee to remain in the caboose, attached to the train, while the train was in motion, and to get on and off the caboose while the same was still. The cause was submitted to the jury upon the pleadings, testimony, and instructions of the court, which resulted in a verdict and judgment against appellant in the sum of $2,000. From that judgment an appeal has been duly prosecuted to this court.

Appellee, plaintiff below, introduced testimony to the effect that early in January, 1921, he shipped two carloads of cattle, and one carload of hogs to St. Louis, Mo., from Harrisburg, Ark.; that he accompanied the live stock, riding by right as a passenger in the caboose; that when they were getting into Gale, Ill., the conductor told the passengers to get off at the yardhouse, and it would save them from walking through the dark yards; that it was then about 9 o'clock and dark; that all of them got their baggage and followed the conductor to the door for the purpose of debarking; that while standing in the door the conductor again told them to get off; that the conductor got off first, J. E. Arnold next, and appellee next, who, by reason of the rapid movement of the train, was thrown violently to the ground, some 12 feet distant, and injured; that at the time he stepped off he thought the train was barely moving.

Appellant introduced testimony to the effect that the conductor told the passengers, if the train stopped at the hill to get off so they would have time to eat, that the train was slowing down, and the conductor remarked, "I believe we are going to stop at the hill;" that the engineer took slack and started down the hill, whereupon the conductor told the passengers not to get off until they reached the bridge, about 100 yards below the yardhouse; that the conductor himself got off at the yardhouse in order to register the train in; that Arnold...