Chicago, Rock Island & Pacific Railway Co. v. Womble
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. It was error to refuse a peremptory instruction for defendant. .Plaintiff’s story was a fabrication, pure and simple — not even plausible.
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Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. It was error to refuse a peremptory instruction for defendant. .Plaintiff’s story was a fabrication, pure and simple — not even plausible. Even taking his statement as true, he failed to make a case of tort by the conductor within the scope of his employment. 115 Ark. 289; 101 Id. 586; 153 S. W. 694; 89 S. E. 490; 144 Fed. 806; 21 S. E. 288; 113 Pac. 386. 2. There was no substantial testimony tending to show that the conductor knocked plaintiff from the train. 3. The court erred in giving instruction No. 4 on the measure of…
1Opinion of the CourtHumphreys, J.
Appellee, telegraph operator at Delmar, boarded appellant’s local freight train No. 84, at Biscoe, Arkansas, while on the house track about 150 yards west of the depot, at 8 o’clock p. m. on the 17th day of November, 1915, for the purpose of riding down to Dagmar, six miles east of Biscoe. He took a position between the tender of the engine and a box car with one foot on the draw-head of each and held to the back of the tender with one hand. The depot was on the north side of the track. In appellant’s position, his back was towards the north. The train pulled out of the house track far enough…
2Cases cited6 opinions
- Railway Co. v. HackettSupreme Court of Arkansas · 1894
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- St. L., I. M. & S. Ry. v. HendricksSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. PellSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Van Dalsen v. InmanSupreme Court of Arkansas · 1964
- Missouri Pacific Railroad v. RoddenSupreme Court of Arkansas · 1933
- Baldwin v. CobbSupreme Court of Arkansas · 1935