St. Louis, Iron Mountain & Southern Railway Co. v. Dysart
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District, Ftank Smith, Judge; J. R. Bard was not an expert, and should not have been required or permitted to testify as such. 23 Ark. 215; 24 Id. 25; 55 Id. 593; 36 Id. 117; 66 Id. 490. Before he should have been permitted to testify as an expert, it should have been made to appear that the facts upon which he based his opinion could not have been sufficiently described to the jury. 56 Ark. 612. Proof without allegation is as…
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Appeal from Craighead Circuit Court, Jonesboro District, Ftank Smith, Judge; J. R. Bard was not an expert, and should not have been required or permitted to testify as such. 23 Ark. 215; 24 Id. 25; 55 Id. 593; 36 Id. 117; 66 Id. 490. Before he should have been permitted to testify as an expert, it should have been made to appear that the facts upon which he based his opinion could not have been sufficiently described to the jury. 56 Ark. 612. Proof without allegation is as bad as allegation without proof. 2 Ark. 512; 69 Id. 363; 41 Id. 394. After verdict, the complaint will be treated as…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff, J. F. Dysart, against the railway company to recover damages for injuries received on account of the alleged negligent acts of the defendant’s servants in charge of a train. The plaintiff was employed by the St. Louis & San Francisco Railroad Company as locomotive fireman, and the injury was caused by one of the defendant’s engines running into the engine on which the plaintiff, was' at work at the crossing of the two roads at Nettleton, Ark. At that place the two roads intersect each other at right angles, defendant’s line running north and…
2Cases cited6 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Railway v. HallSupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Stein v. LukasSupreme Court of Arkansas · 1992
- National By-Products, Inc. v. Searcy House Moving Co.Supreme Court of Arkansas · 1987
- Freeman v. AndersonSupreme Court of Arkansas · 1983
- Griffin v. George's, Inc.Supreme Court of Arkansas · 1979
- Satterfield v. Rebsamen Ford, Inc.Supreme Court of Arkansas · 1972
20 more not listed; retrieve them via the Exa API.