Hardister v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT by the court. Appellant instituted tikis action against tke appellee, alleging that he was a passenger on appellee’s train, and that while on such train there was a collision through the negligence of the agents of the appellee 'by which he was seriously and permanently injured.
Read the full summary
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT by the court. Appellant instituted tikis action against tke appellee, alleging that he was a passenger on appellee’s train, and that while on such train there was a collision through the negligence of the agents of the appellee 'by which he was seriously and permanently injured. He specifically described his injuries, and prayed for damages for pain and suffering and for loss of earning power, etc., in the aggregate in the sum of $40,000. The appellee denied the allegations of the complaint as to negligence 'and the injuries…
1Opinion of the Court
Wood, J.,(1) (after stating the facts). Among the •tests announced by this court to determine whether contracts should be rescinded on the ground of fraudulent representations are the following:
“First. Was the relative position of the parties such, 'and their means of information such, that the one must necessarily be presumed to contract upon the faith reposed in the statements of the other; and,
“Second. Did the injured party rely upon the fraudulent statements of the other, and did he have a right to rely upon them?”
These were amona; the tests formulated by this court from all previous…
2Cases cited2 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- McDonald v. SmithSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Smith v. Rhode Island Co.Supreme Court of Rhode Island · 1916
- Hetrick v. Yellow Cab Co.Washington Supreme Court · 1932
- National Union Fire Insurance v. School DistrictSupreme Court of Arkansas · 1917