Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Sweet

Supreme Court of Arkansas

Decided March 20, 1897PublishedCited by 21 opinions

Appeal from Lincoln Circuit Court, Varner District. John M. Reeiott, Judge. 1. There has been a recovery in this case once, and there is no evidence to sustain an additional verdict. 60-Ark. 550; Sand. & H. Dig-., sec. 5908; 53 Ark. 126. ‘There were no debts due by the deceased intestate, as none had been probated within two years. 2. There was one issue of defendant’s neglig-ence,. and one only, presented by the pleadings and proof.

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Appeal from Lincoln Circuit Court, Varner District. John M. Reeiott, Judge. 1. There has been a recovery in this case once, and there is no evidence to sustain an additional verdict. 60-Ark. 550; Sand. & H. Dig-., sec. 5908; 53 Ark. 126. ‘There were no debts due by the deceased intestate, as none had been probated within two years. 2. There was one issue of defendant’s neglig-ence,. and one only, presented by the pleadings and proof. That was negligence predicated on the failure to keep a. safe track. In the first instruction and others the court told the jury they could find for plaintiff if…

1Opinion of the CourtBattle, J.

This action was instituted by Ada H. Sweet, as adminstratrix of the estate of Prank Sweet, deceased, against the Iron Mountain & Southern Railway Company. She alleges in her complaint, among other things, as follows: “That on the said 18th day of September, 1890, the defendant received the plaintiff’s intestate, Prank Sweet, into one of its cars, for the purpose of carrying him therein, and upon said railroad, as a passenger from Walnut Lake to the city of Pine Bluff, in Jefferson county, in this state, for the sum and price of $1.25 then paid to the defendant by the said plaintiff’s…

2Cases cited1 opinion

  1. Railroad Co. v. BarrySupreme Court of Arkansas · 1893

3Cited by21 opinions

  1. Hughes v. ReedCourt of Appeals for the Tenth Circuit · 1931
  2. Matthys v. DonelsonSupreme Court of Iowa · 1917
  3. Douglass v. LoftusSupreme Court of Kansas · 1911
  4. Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
  5. Southern Pacific Railroad Co. of Mexico v. GonzalezArizona Supreme Court · 1936

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