Harris v. Bush
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge, 1. The verdict is contrary to the testimony on every material point. The verdict should have been for appellant. She was injured in the way she said she was, by a sudden, violent jerk of the train, and the court erred in giving instructions 9 and 11 for appellee.
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Appeal from Garland Circuit Court; Scott Wood, Judge, 1. The verdict is contrary to the testimony on every material point. The verdict should have been for appellant. She was injured in the way she said she was, by a sudden, violent jerk of the train, and the court erred in giving instructions 9 and 11 for appellee. A prima facie case was made that the injury was caused by the operation of the train and the burden of proof shifted to the appellee. 82 Ark. 365; 75 Id. 409. 2. The sole defense is negative testimony, that there w^s no unusual jerk. 152 Pa. 326; 150 Mass. 214; 117 Ark. 461; 50…
1Opinion of the Court
Humphreys, J.'
Appellant instituted suit against appellee in the Garland Circuit Court to recover' damages for the injury received in the ladies ’ dressing room of a Pullman car, on account of the alleged negligence of appellee in operating, its train at Argenta, Arkansas; that the negligence consisted in operating' the train in such manner as to suddenly and violently jerk the car and throw appellant from the chair in which she was sitting against the floor and wall of the dressing room, thereby seriously injuring her left limb and hip.
Appellee denied each material allegation in the…
2Cases cited5 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Merchants' Fire Insurance v. McAdamsSupreme Court of Arkansas · 1908
- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
- Des Moines Life Insurance v. ClaySupreme Court of Arkansas · 1909
- Holbrook v. NeelySupreme Court of Arkansas · 1910
3Cited by11 opinions
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- E. C. Barton & Co. v. NealSupreme Court of Arkansas · 1978
- Bridwell v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1935
- Jolley v. MeekSupreme Court of Arkansas · 1932
- Home Life Insurance v. MillerSupreme Court of Arkansas · 1930
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