St. Louis, Iron Mountain & Southern Railway Co. v. DeLambert
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. The court erred in admitting incompetent testimony of the alleged custom, some of -which was admittedly mere hearsay, and none of which shows any knowledge on the part of the company’s officials of any such custom, hut, on the contrary, their testimony is positive that they had no knowledge of the custom. 77 Ark. 405; 44 L. R. A. 687; 108 Ark. 437. 2. The court should have directed a verdict for the appellant.
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Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. The court erred in admitting incompetent testimony of the alleged custom, some of -which was admittedly mere hearsay, and none of which shows any knowledge on the part of the company’s officials of any such custom, hut, on the contrary, their testimony is positive that they had no knowledge of the custom. 77 Ark. 405; 44 L. R. A. 687; 108 Ark. 437. 2. The court should have directed a verdict for the appellant. (a) The testimony clearly shows that in taking the motor car out at night, appellee was violating a rule of the company of…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover damages on account of personal injuries received by plaintiff while he was working as mechanic in the service of the defendant at McGehee, Arkansas.
Plaintiff was working as repair man in and about the shops at McGehee. The particular line of work in which he was engaged at the time of his injury was that of repairing motor oars. It was his duty to repair the cars, and in doing so, it was necessary to take them out on the railroad track to try them out to ascertain whether or not they were in working order. There was a branch line from McGehee to Arkansas City, on…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
3Cited by1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. DeLambertSupreme Court of Arkansas · 1915