Simmons v. Lusk
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The testimony established that plaintiff was put upon and entered a train which did not stop .at her destination on account of the negligence of the employees and on account of this negligence she suffered the injuries complained.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The testimony established that plaintiff was put upon and entered a train which did not stop .at her destination on account of the negligence of the employees and on account of this negligence she suffered the injuries complained. The instructions given for plaintiff were correct, but rendered worthless by defendant’s instruction No. 7. 45 Ark. 256; 47 Id. 74; 78 Mo. 610; 52 Ark. 406. It was unsound, abstract and contradictory to the correct instructions given, and confused the jury. 1. The bill of exceptions…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) Counsel for the defendants seek to uphold the judgment by invoking the rule that where the bill of exceptions does not affirmatively show that it contains all the evidence and there is no language from which it is naturally and necessarily inferred that it contains all the evidence, the rulings of the court upon the evidence and instructions are presumed to be correct. Bowden v. Spellman, 59 Ark. 251. In that case the bill of exceptions began as follows:
“Be it remembered that, on the trial of this cause, evidence was introduced tending to show the…
2Cases cited16 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
- Walker v. NollSupreme Court of Arkansas · 1909
- Louisville & Nashville R. R. v. ScottCourt of Appeals of Kentucky · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McCord v. Bailey and MillsSupreme Court of Arkansas · 1938
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- Southern Ry. Co. v. PruettSupreme Court of Alabama · 1917
- Sweet v. McEwenSupreme Court of Arkansas · 1919