Little Rock Traction & Electric Co. v. Nelson
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District. James S. Thomas, Judge. It was error to permit plaintiff to testify as to his opinion with regard, to the danger or difficulty of boarding the car. 1 Whart. Ev. 509; 29 Ark) 448; 24 id. 251; 56 id. 612; 57 id. 387. It was error to admit evidence of what the motorman said after the accident—it was not of the res gestae. 95 N. Y. 275; 19 Am. & Eng. Ry. Cas. 400; 58 Ark. 47; 1 G-reenlf. Ev. § 108; 1 Wh.
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Appeal from Prairie Circuit Court, Southern District. James S. Thomas, Judge. It was error to permit plaintiff to testify as to his opinion with regard, to the danger or difficulty of boarding the car. 1 Whart. Ev. 509; 29 Ark) 448; 24 id. 251; 56 id. 612; 57 id. 387. It was error to admit evidence of what the motorman said after the accident—it was not of the res gestae. 95 N. Y. 275; 19 Am. & Eng. Ry. Cas. 400; 58 Ark. 47; 1 G-reenlf. Ev. § 108; 1 Wh. Ev. § 262. No proper foundation was laid for the impeachment of appellant’s witness, Kelly. Sand. & H. Dig. § 2960; 37 Ark. 324. The court…
1Opinion of the CourtBattle, J.
The Little Rock Traction & Electric Company seeks to set aside a judgment which was recovered against it by Cecil Nelson in the circuit court of the southern district of Prairie county' for the sum of $2,500, which was assessed against it, by the verdict of a jury, as compensation to Nelson for personal injuries alleged to have been sustained by him in consequence of the failure of the compauy to exercise due care in the operation of its street railway.
The judgment was recovered in an action instituted by Cecil Nelson, by his father and next friend, J. W. Nelson, against the Little Rock…
2Cases cited14 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Rogers v. StateSupreme Court of Arkansas · 1908
- McEachin v. MartinSupreme Court of Arkansas · 1937
25 more not listed; retrieve them via the Exa API.