Murphy v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit.Court, Second Division; Bdzvard W. Winfield, Judge; Deceased did not assume the risk of dangers arising from failure of defendant to perform its duty. 48 Ark. 333; 70 Ark. 299. The defense that deceased was drinking at the time of the injury cannot avail here, when not set up in the answer nor presented to the jury by instruction. 71 Ark. 427. Verdicts must have evidence to support them, and juries are not justified in inferring, from mere…
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Appeal from Pulaski Circuit.Court, Second Division; Bdzvard W. Winfield, Judge; Deceased did not assume the risk of dangers arising from failure of defendant to perform its duty. 48 Ark. 333; 70 Ark. 299. The defense that deceased was drinking at the time of the injury cannot avail here, when not set up in the answer nor presented to the jury by instruction. 71 Ark. 427. Verdicts must have evidence to support them, and juries are not justified in inferring, from mere possibilities, the existence of facts. 2 L. R. A. (N. S.), 908. It is error to admit a complaint or .answer to be read in…
1Opinion of the CourtFrauenthal, J.
John IT. Downey was a switchman in the employ of the St. Louis, Iron Mountain & Southern Railway Company, the defendant below, and on the night of November 18, 1907, he was killed in t'he yards of the defendant at Baring Cross, Arkansas, while engaged in the performance of the duties as such switchman. The administrator of his estate instituted this suit for the benefit of the next of kin of said decedent, who was his mother, Mrs. Katherine Downey; and in the complaint alleged that the death was due to negligence of the defendant. The defendant denied each allegation of the complaint, and…
2Cases cited8 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Ayers v. WatsonSupreme Court of the United States · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. SweetSupreme Court of Arkansas · 1897
- Holland v. RogersSupreme Court of Arkansas · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dodson v. Allstate InsuranceSupreme Court of Arkansas · 2001
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937
- Tri-State Transit Co. of Louisiana, Inc. v. MillerSupreme Court of Arkansas · 1933
4 more not listed; retrieve them via the Exa API.