Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Osborne

Supreme Court of Arkansas

Decided May 16, 1910PublishedCited by 8 opinions

Appeal from Jackson Circuit Court; Charles Coffin, Judge; Appellee’s testimony was incompetent, unreliable, and uncertain. 88 N. E. 1063; 121 Ky. 526; 123 Am. St. R. 205; 90 Ky. 369; 29 Am. St. R. 378; 27 S. W. 999; 119 N. W. 200; Id. 1061. Instruction number one requested by appellee was erroneous. 30 Ark. 362; 51 Ark. 88; 91 Am.

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Appeal from Jackson Circuit Court; Charles Coffin, Judge; Appellee’s testimony was incompetent, unreliable, and uncertain. 88 N. E. 1063; 121 Ky. 526; 123 Am. St. R. 205; 90 Ky. 369; 29 Am. St. R. 378; 27 S. W. 999; 119 N. W. 200; Id. 1061. Instruction number one requested by appellee was erroneous. 30 Ark. 362; 51 Ark. 88; 91 Am. Dec. 309; .55 Ark. 393; 57 Ark. 203; 25 Ark. 490. It must appear to this court that error and misconduct in the argument of counsel was harmless, otherwise the case will be reversed. 58 Ark. 368; Id. 473; 61 Ark. 130; 63 Ark. 176; 69 Ark. 486; 65 Ark. 625; 70 Ark.…

1Opinion of the Court

McCulloch, C. J.,

Plaintiff, Wm. F. Osborne, was a passenger on one of the passenger trains of the defendant, which collided with a freight train about a mile distant from the city of Little Rock on the first day of October, .1907, and he sues 'to recover damages on account of physical injuries alleged to have resulted from the collision. Negligence of defendant’s servants is alleged to have -caused the collision.

Plaintiff took passage' on the train at Gurdon, Arkansas, where he resided; Little Rock being his destination-. Just as the train reached the outskirts of this city, it ran into the…

2Cited by8 opinions

  1. Young v. StateSupreme Court of Arkansas · 1911
  2. St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1914
  3. Kansas City Southern Ry. Co. v. ClintonCourt of Appeals for the Eighth Circuit · 1915
  4. Modern Woodmen of America v. WhitakerSupreme Court of Arkansas · 1927
  5. Kansas City Southern Railway Co. v. CobbSupreme Court of Arkansas · 1915

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