Scullin v. Vining
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; J. I. Worthington, Judge; 1. The peremptory instruction requested by defendant should have been given. This was a mixed train. The jerk and injury were due solely to running the slack out of the train and unavoidable.
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Appeal from Searcy Circuit Court; J. I. Worthington, Judge; 1. The peremptory instruction requested by defendant should have been given. This was a mixed train. The jerk and injury were due solely to running the slack out of the train and unavoidable. The verdict is contrary to all the legal evidence. 10 Ark. 309; 118 Id. 352. The verdict is contrary to the physical facts. 71 Ark. 590; 83 Id. 22; 90 Id. 497; 4 Elliott on Railroads, § 1629. Negligence must be determined by the facts in every ease. 7 Mo. App. 359; 55 Me. 444; 31 Ala. 508; 50 111.65; 107 Mass. 496; 3 Allen (Mass.) 410. Where the…
1Opinion of the CourtHart, J.
Appellee sued appellant to recover damages for personal injuries sustained by him by being thrown from his seat by a sudden, unusual and violent jerk of the train, while riding as a passenger on one of appellant’s freight trains. The jury returned a verdict for appellee in the sum of $1,000.00 and the case is here on appeal.(1) It is insisted by counsel for appellant that the evidence is not legally sufficient to support the verdict. It is admitted that appellee was thrown from his seat while riding as a passenger in the caboose of one of appellant’s local freight trains, but it is claimed…
2Cases cited13 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Hess v. LowreyIndiana Supreme Court · 1890
- Sale v. EichbergTennessee Supreme Court · 1900
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- St. Louis & San Francisco Railway Co. v. BrownSupreme Court of Arkansas · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jo Pearl Jeanes, Administratrix of the Estate of Tommy Joe Jeanes, Deceased v. E. L. Milner, William S. Orr and Aetna Casualty & Surety CompanyCourt of Appeals for the Eighth Circuit · 1970
- State v. CatellierWyoming Supreme Court · 1947
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
- Ruth v. FenchelNew Jersey Superior Court Appellate Division · 1955
- Missouri Pacific Transportation Co. v. KinneySupreme Court of Arkansas · 1939
10 more not listed; retrieve them via the Exa API.