St. Louis, Iron Mountain & Southern Railway Co. v. Wilson
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Alexander M". Dueeie, Judge. STATEMENT BY THE COURT. Dilsia Wilson, a colored girl under 18 years of age, by her next friend, charged in her complaint that on the 29th day of December, 1898, about 9 o’clock a. m., she went to the depot at Benton, Arkansas, for the purpose of taking the train for Traskwood ; that the weather was cold and disagreeable; that she went into the colored waiting room, and was compelled to remain in the cold,…
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Appeal from Saline Circuit Court. Alexander M". Dueeie, Judge. STATEMENT BY THE COURT. Dilsia Wilson, a colored girl under 18 years of age, by her next friend, charged in her complaint that on the 29th day of December, 1898, about 9 o’clock a. m., she went to the depot at Benton, Arkansas, for the purpose of taking the train for Traskwood ; that the weather was cold and disagreeable; that she went into the colored waiting room, and was compelled to remain in the cold, without any fire, for about one hour, until the train arrived, in consequence whereof she was caused to have a chill, and was…
1Opinion of the Court
Wood) J.,
(after stating the facts.) We will consider the questions in the order presented by appellant’s counsel.
1. ’ It is contended that the cause should be reversed, because the jury failed to' observe the rule of preponderance of the testimony'. When the cause reaches this forum, it is no longer •a question of preponderance, but only of the legal sufficiency, of the evidence to support the verdict. St. Louis & S. F. R. Co. v. Kilpatrick, 67 Ark. 47; Cattett v. Railway Co., 57 Ark. 461.
2. Appellant objects to the following instruction: “If plaintiff went to defendant’s depot on the day…
2Cases cited6 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Sira v. Wabash RailroadSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Miller v. BlantonSupreme Court of Arkansas · 1948
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
17 more not listed; retrieve them via the Exa API.