St. Louis, Iron Mountain & Southern Railway Co. v. Taylor
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice, B. Hudgins, Judge; STATEMENT BY THE COURT. This is' a suit by appellees to recover damages of appellant for an alleged negligent failure on the part of appellant to furnish appellees cars for the shipment of certain cattle and sheep which appellees tendered to appellant for shipment at the latter’s station called Zinc.
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Appeal from Marion Circuit Court; Brice, B. Hudgins, Judge; STATEMENT BY THE COURT. This is' a suit by appellees to recover damages of appellant for an alleged negligent failure on the part of appellant to furnish appellees cars for the shipment of certain cattle and sheep which appellees tendered to appellant for shipment at the latter’s station called Zinc. Appellant denied in its answer all the material allegations of the complaint, and set up that appellant entered into a contract which provided that, in the event of any damage to the shipment covered by said contract, appellees would…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court did not err ir, refusing to exclude the testimony of the witness Hicks. He was acting for himself and also for appellees in making the contract with appellant’s agent for furnishing cars. Certainly, part of his testimony was germane to the issue, and was proper. If it be conceded that certain portions of it were hearsay and improper, the appellant did not specifically object to any particular parts of his evidence. Its motion to exclude was general, and, as the testimony was competent, and some portions at least were relevant to the issue,…
2Cases cited6 opinions
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- Mallory v. BrademyerSupreme Court of Arkansas · 1905
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. LawSupreme Court of Arkansas · 1900
- St. Louis Southwestern Railway Co. v. McNeilSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- Urban Renewal Agency of Harrison v. HefleySupreme Court of Arkansas · 1963
- Nichols v. StateSupreme Court of Arkansas · 1909
- Christman v. DoyleCalifornia Court of Appeal · 1932
- Ark. State Highway Comm. v. BowmanSupreme Court of Arkansas · 1963
2 more not listed; retrieve them via the Exa API.