Railway Co. v. Morgart
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. This case has been reversed twice. 45 Ark. 318 ; 8 S. W. Rep. 179. The same evidence was used except the evidence of Jack Weed. The same instructions were asked, objected to and given, and the same verdict was rendered.
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Appeal from Nevada Circuit Court. This case has been reversed twice. 45 Ark. 318 ; 8 S. W. Rep. 179. The same evidence was used except the evidence of Jack Weed. The same instructions were asked, objected to and given, and the same verdict was rendered. The additional facts adduced do not change the legal aspect of the case, and it should be reversed again. 13 S. W. Rep. 740 ; 11 S. W. Rep. 212. 1. Review the evidence in detail and contend that the verdict is amply supported. 2. The instructions have already been passed on by this court, except the fourth, which contains the principle that if…
1Opinion of the CourtHughes, J.
This is the third appeal in this case by the Railway Company. On the first appeal, reported in 45 Ark. 318, the court, through Judge Smith, said: ‘ ‘ The testimony on both sides shows that the proximate cause of the disaster was the high speed at which the train was moved, in disregard of the danger signals; ’ ’ and that “it was impossible for the jury, with a proper regard for the undisputed facts in the case, to absolve Morgart from blame in the matter of accelerated speed.” It was also said in the opinion, that “ the jury could not have found that the condition of the track or of the…
2Cases cited1 opinion
- St. L., I. M. & S. R'y v. Morgart's Adm'x.Supreme Court of Arkansas · 1885
3Cited by4 opinions
- Gunn v. Union Railroad CompanySupreme Court of Rhode Island · 1905
- Clise v. PruntyWest Virginia Supreme Court · 1932
- Saint Louis-San Francisco Rd. Co. v. PearsonSupreme Court of Arkansas · 1926
- Davidson, Sheriff v. Trimble, JudgeSupreme Court of Arkansas · 1944