{
  "id": 1478714,
  "name": "McLean v. Missouri Pacific Transportation Company",
  "name_abbreviation": "McLean v. Missouri Pacific Transportation Co.",
  "decision_date": "1945-05-28",
  "docket_number": "4-7653",
  "first_page": "822",
  "last_page": "823",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ark. 822"
    },
    {
      "type": "parallel",
      "cite": "187 S.W.2d 727"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 198,
    "char_count": 2191,
    "ocr_confidence": 0.479,
    "sha256": "a41d5a43e611c740272f8f53b23418426a7c60639864ef16fe0d13923b85a78d",
    "simhash": "1:ce835edc6b845bbe",
    "word_count": 342
  },
  "last_updated": "2023-07-14T15:02:19.909104+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "McLean v. Missouri Pacific Transportation Company."
    ],
    "opinions": [
      {
        "text": "Griffin Smith, Chief Justice.\nThe question is whether the complaint states a cause of action when tested by demurrer. Prom a judgment that his allegations were deficient the plaintiff has appealed.\nThe complaint is that Dowell McLean, seventeen years of age, was a passenger on a Missouri Pacific Transportation Company bus, traveling between Little Book and Newport. Before reaching .Searcy yonng McLean \u201c. . . became deathly sick from inhaling carbon monoxide gas, which through the negligent maintenance and operation of said bus was escaping into it. \u2019 \u2019 There is the further allegation that the passenger, after reaching Newport, collapsed on a sidewalk.\nAt a hearing February 5, 1945, the defendant\u2019s demurrer was overruled; whereupon the Transportation Company moved that the complaint be made more definite and certain. Besponse was that McLean\u2019s request for the bus driver\u2019s name had been refused by the Company\u2019s local agent. The plaintiff was not familiar-with physical equipment used by the defendant other than that the bus was one of a regular fleet operated on the* Newport-Little Bock run. Effect of the response was to add to the complaint the allegation that the injury was caused \u201cby . . . escape of [monoxide gas] from the engine or exhaust pipe.\u201d\nOn the plaintiff\u2019s admission that he had no knowledge of the \u201cspecific\u201d defects in maintenance, the Court reconsidered the pleadings and sustained the demurrer.\nA cause of action was stated. If monoxide gas escaped from the engine exhaust (in the circumstances complained of as being negligent), a fair inference is that the machinery was out of control through failure of maintenance, as alleged. The term very definitely implies something more than normal functioning of the equipment. Of course fumes from used gas must be freed through an exhaust system; but normally this is a controlled escape as distinguished from negligent release.\nJudgment reversed, with directions to overrule the demurrer.\nSuit was by the minor\u2019s father, as next friend.",
        "type": "majority",
        "author": "Griffin Smith, Chief Justice."
      }
    ],
    "attorneys": [
      "Ras Priest, for appellant.",
      "Barber, Henry $ Thurman, for appellee."
    ],
    "corrections": "",
    "head_matter": "McLean v. Missouri Pacific Transportation Company.\n4-7653\n187 S. W. 2d 727\nOpinion delivered May 28, 1945.\nRas Priest, for appellant.\nBarber, Henry $ Thurman, for appellee."
  },
  "file_name": "0822-01",
  "first_page_order": 840,
  "last_page_order": 841
}