St. Louis, Iron Mountain & Southern Railway Co. v. Reilly
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha R. Evans, Judge; 1. Under the evidence showing that the plaintiff, a well educated woman of more than ordinary intelligence; after reading the release and informing herself of its contents, signed it for a consideration of $40, and in the absence of any evidence of fraud or imposition inducing her to sign the release, the jury should have been directed to return a verdict for the defendant, and the court erred in…
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Appeal from Franklin Circuit Court, Ozark District; Jeptha R. Evans, Judge; 1. Under the evidence showing that the plaintiff, a well educated woman of more than ordinary intelligence; after reading the release and informing herself of its contents, signed it for a consideration of $40, and in the absence of any evidence of fraud or imposition inducing her to sign the release, the jury should have been directed to return a verdict for the defendant, and the court erred in refusing to so instruct the jury. 87 Ark. 614; 82 Ark. 112. 2. The court erred in refusing the petition for change of…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee in the circuit court of Franklin County, Ozark District, against appellant, to recover for personal injuries alleged to have been sustained while appellee was ,a passenger on one of appellant’s trains.
Appellee resided, at the time the injury occurred, in Desha County, Arkansas, and was en route home from Coffeyville, Kansas. The train on which she was a passenger collided with another train in the railroad yards at Van Burén, Arkansas, and her foot was injured.
She was, by the verdict of the jury, awarded damages in the sum of $540, and it is not…
2Cases cited3 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TransmierSupreme Court of Arkansas · 1913
3Cited by17 opinions
- Lion Oil Refining Co. v. AlbrittonCourt of Appeals for the Eighth Circuit · 1927
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- Pierce v. SicardSupreme Court of Arkansas · 1928
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