Fletcher v. Freeman-Smith Lumber Co.
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, Judge; 1. ' The court erred in excluding the testimony of the machinist, Farnsworth.
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Appeal from Calhoun Circuit Court; George W. Hays, Judge; 1. ' The court erred in excluding the testimony of the machinist, Farnsworth. The rule admitting the declarations of an agent as binding upon the principal should govern as to this testimony. 1 Greenleaf on Evidence (15 ed.) 173, § 114. See also 100 S. W. 162; 102 S. W. 755; 67 Ark. 306. 2. The court erred in giving instruction numbered 1, wherein it is stated not only that negligence could not be presumed against the defendant, but also in effect that the burden was upon the plaintiff to prove that he was injured as a direct result of…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff was employed by defendant to assist in the operation of a log train by which defendant’s logs were transported. He was a brakeman, and it was a part of his duties to couple cars. A'Vhile performing that particular service, he received personal injuries, alleged to have been caused by negligence of other employees of defendant, and he sues to recover damages. The injury occurred on a spur track in the woods near a log camp. The engine was backing in on the spur to take out some log cars. Plaintiff was on the engine, and when it got in about twenty-five yards of the car to be…
2Cases cited9 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kansas City Southern Railway Co. v. CookSupreme Court of Arkansas · 1911
- Western Maryland Railway Co. v. SannerCourt of Appeals of Maryland · 1917
- Williams Brothers, Inc. v. WittSupreme Court of Arkansas · 1931
- A. J. Neimeyer Lumber Co. v. WatsonSupreme Court of Arkansas · 1918
- Fletcher v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.