Legal Opinion

Hale & Scott v. Lusk

Supreme Court of Arkansas

Decided March 26, 1917Published

Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; The court erred in giving instructions 3, 4 and 5 of its own motion and in refusing plaintiff’s request for No. 3. Kirby’s Digest, § 6595; 94 Ark. 270; 99 Id. 377; 76 Id. 224; 74 Id. 585; 185 Id. 118. 1. There is no error in the instructions. 84 Ark. 275. 2. The jury believed the proper signals were given. The evidence sustains the verdict.

1Opinion of the CourtWood, J.

The appellants instituted this suit against the appellees to recover damages to a wagon and team caused by a collision with a train of the railroad company at a public crossing south of Luxora, January 10, 1916. The pleadings are not abstracted, but appellants concede that the evidence was sufficient to sustain the finding in favor of the appellees on the facts. Appellants contend, however, that there was also evidence that would have warranted the jury in returning a verdict in their favor, and they insist that the court erred in granting and refusing prayers for instructions.

We gather from…

2Cases cited1 opinion

  1. Prescott & Northwestern Railway Co. v. HenleySupreme Court of Arkansas · 1916

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