Legal Opinion

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

Supreme Court of Arkansas

Decided November 5, 1898PublishedCited by 13 opinions

Appeal from Bradley Circuit Court. Marcus L.-Hawkins, Judge. The evidence does not show negligence on the part - of the company. Cooley, Torts, 630; 21 L. R. A. 820, note; 12 Ain. & Eng. Ry. Cas. 163; 76 Mich. 591; 113 Mo. 670; 53 N. J. L. 233; 112 Ind. 404; 40 S. W. 863; 100 Pa. St. 144; 34 L. R. A. 459. If a child under 10 years of age is capable of understanding the obligation of an oath, he is a competent witness. 25 Ark. 96; 1 Greenl. Ev. § 367; 25 Ark. 448; 1 East, PI.

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Appeal from Bradley Circuit Court. Marcus L.-Hawkins, Judge. The evidence does not show negligence on the part - of the company. Cooley, Torts, 630; 21 L. R. A. 820, note; 12 Ain. & Eng. Ry. Cas. 163; 76 Mich. 591; 113 Mo. 670; 53 N. J. L. 233; 112 Ind. 404; 40 S. W. 863; 100 Pa. St. 144; 34 L. R. A. 459. If a child under 10 years of age is capable of understanding the obligation of an oath, he is a competent witness. 25 Ark. 96; 1 Greenl. Ev. § 367; 25 Ark. 448; 1 East, PI. Cr. 442; McNally, Ev. 154; 10 Mass. 225; 1 Leach, Or. Cas. 237; 19 So. Rep. (Ala.) 530; 159 H. S. 524; 1 Whart. Ev. §§…

1Opinion of the CourtBattle, J.

Ester Waren, a child about two and a half years old, was knocked down and seriously injured by one of the trains of the St. Louis, Iron Mountain & Southern Railway Company. He instituted this action against the railway company to recover the damages he suffered by reason of his injury. The main facts in the case are as follows: On the 24th of December, 1894, one of the defendant’s trains, composed of seven cars, a caboose, and an engine, going north, arrived at Portland, a town in Ashley county, in this state. It arrived about 3:15 in the afternoon, and, after stopping at the depot for a…

2Cases cited1 opinion

  1. Fordyce v. JacksonSupreme Court of Arkansas · 1892

3Cited by13 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
  2. Bowen v. StateSupreme Court of Arkansas · 1911
  3. Lopez v. WaldrumSupreme Court of Arkansas · 1970
  4. Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970
  5. A. L. Clark Lumber Co. v. St. ConerSupreme Court of Arkansas · 1911

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