As stated in Aschenbrenner v. U.S.F. G. Co., 292 U.S. 80, 84, 54 S.Ct. 590, 592, 78 L.Ed. 1137: Arkansas Cent. R. Co. v. Bennett, 82 Ark. 393, 102 S.W. 198; Missouri Pac. R. Co. v. Kennedy, 153 Ark. 77, 239 S.W. 376, 35 A.L.R. 753; Wilson v. Pan-American Bus Lines, 217 N.C. 586, 9 S.E.2d 1; White v. Alleghany Cab Co., Sup., 29 N.Y.S.2d 272; Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940. "* * * it is unnecessary here to follow the niceties of legal reasoning and terminology applied in negligence suits against common carriers, for we are interpreting a contract and are concerned only with the sense in which its words were used."
For the injury so received Mrs. Whitaker and her husband sued Crown Coach in the state court of Arkansas and on June 19, 1944, recovered judgments aggregating $3,750. The judgments were affirmed by the Supreme Court of Arkansas in Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940. The case was submitted to the jury upon two theories of negligence: first, that Crown Coach was negligent in failing to maintain proper lights in the bus station; and, second, that Crown Coach was negligent in parking the bus upon which Mrs. Whitaker was riding at an unusual stopping place which was unsafe on account of improper lighting. On the first theory the jury was instructed that the fact that Crown Coach had no control over the lights in the bus station was immaterial.
St. Louis Southwestern Ry. Co. v. Holwerk, 204 Ark. 587, 163 S.W.2d 175. But its duty to a "passenger" in a depot, station or similar premises of the carrier is only to exercise ordinary care, the same as is owed to invitees of other businesses. Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940. See Comment AMI 1701.
As aforesaid, the real question is what was the contract between Worth James and Price. Since the jury verdict was in favor of the appellee we detail the evidence in the light most favorable to the appellee. N.Y. Life Ins. Co. v. Weeks, 201 Ark. 1160, 148 S.W.2d 330; Peoples Loan Co. v. Whittle, 205 Ark. 35, 166 S.W.2d 1013; and Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940. 1. Mr. P. B. Price, President of Price Construction Company, testified that in January 1963 he prepared a penciled letter on yellow paper to Worth James, giving the offer of Price for performing the subcontract.
According to the well-established rule, the law of Oklahoma governs as to substantive rights, and the law of Arkansas governs as to procedural rights. Crown Coach Co. v. Whitaker, 208 Ark. 535, 186 S.W.2d 940 and cases and authorities there cited. See, also, St. L. S. F. R. Co. v. Cox, 171 Ark. 103, 283 S.W. 31, and Leflar on Conflict of Laws, page 197; and 11 Am. Juris., 498. This rule is conceded by both sides in this litigation.