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AMI 1701 Duty of Common Carrier to Passenger

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1701
Arkansas Model Jury Instructions-Civil
November 2022 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 17. Common Carriers
AMI 1701 Duty of Common Carrier to Passenger
At the time of the occurrence in question, was a common carrier. A common carrier is not an insurer of its passengers’ safety, but it has a duty to its passengers to use the highest degree of care consistent with the type of conveyance used and the practical operation of its business.
NOTE ON USE
When damages result from a defect in a station, depot, or other premises of carrier, use AMI 104. See Comment below.
COMMENT
This instruction was approved in Yellow Cab Co. v. Dossett, 244 Ark. 554, 426 S.W.2d 792 (1968).
Carriers are under a duty to use the highest degree of care which a prudent and cautious man would exercise and which is reasonably consistent with the mode of conveyance and practical operation of the means of carriage. Missouri Pac. Transp. Co. v. Shepherd, 203 Ark. 412, 157 S.W.2d 501 (1941).
When a passenger is in the depot, station, or on similar premises of the carrier, the duty owed is that of ordinary care. Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940 (1945). In other words, the duty is the same as that owed to any other business invitee on the premises, which is set forth in AMI 1104.
The duty of exercising the highest degree of care remains on the carrier, however, while the passenger is boarding or alighting from the conveyance. Checker Cab & Baggage Co. v. Harrison, 191 Ark. 564, 87 S.W.2d 32 (1935).
An ambulance engaged in carrying passengers for hire is a common carrier and owes the duty set forth in this instruction. Home Insurance Co. v. Covington, 255 Ark. 409, 501 S.W.2d 219 (1973).
Private carriers are not common carriers and are not subject to the duty placed on common carriers. Alpha Zeta Chapter of Pi Kappa Alpha Fraternity by Damron v. Sullivan, 293 Ark. 576, 740 S.W.2d 127 (1987).
End of Document