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AMI 1702 Duty of Common Carrier to Protect Passengers from Other Passengers and Third Persons

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1702
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 17. Common Carriers
AMI 1702 Duty of Common Carrier to Protect Passengers from Other Passengers and Third Persons
It is the duty of a common carrier to use the highest degree of care consistent with the practical operation of its business to protect its passengers from injury resulting from the conduct of [other passengers] [third persons] under circumstances when such conduct could reasonably have been foreseen and could have been prevented by the use of the highest degree of care.
COMMENT
This instruction is based on the supreme court holding in Continental Southern Lines, Inc. v. Goodsell, 247 Ark. 606, 446 S.W.2d 668 (1969); The general rule is that a carrier will not be held liable for injuries to passengers caused by the negligent or meddlesome conduct of other passengers, unless the carrier has notice of such conduct and reason to anticipate that injury may result therefrom. Id.
A carrier owes to its passengers the duty of protection from the violence and insults of other passengers or strangers, so far as this can be done by the exercise of a high degree of care, and will be held responsible for its own or its servants' negligence in this particular, when, by the exercise of proper care, the act of violence might have been foreseen and prevented. Arkansas Power & Light Co. v. Steinheil, 190 Ark. 470, 80 S.W.2d 921 (1935).
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