Legal Opinion

Midland Valley Railroad v. Ennis

Supreme Court of Arkansas

Decided July 14, 1913PublishedCited by 19 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. A plaintiff can not impeach his own witness by proof of prior contradictory statements without first showing that he had been entrapped by the witness or that his testimony amounts to a surprise. 40 Cyc. 2559; 50 Cent. Dig., Witnesses, § 1214; 7 Enc. of Ev. 31; Greenleaf on Ev. (16 ed.), § 444; 154 U. S. 134, 38 L. Ed. 936; 99 Wis. 639, 75 N. W. 416; 2 Okla.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. A plaintiff can not impeach his own witness by proof of prior contradictory statements without first showing that he had been entrapped by the witness or that his testimony amounts to a surprise. 40 Cyc. 2559; 50 Cent. Dig., Witnesses, § 1214; 7 Enc. of Ev. 31; Greenleaf on Ev. (16 ed.), § 444; 154 U. S. 134, 38 L. Ed. 936; 99 Wis. 639, 75 N. W. 416; 2 Okla. Cr. 362, 102 Pac. 57; 93 Pac. 1049; 153 Cal. 652, 96 Pac. 266; 34 Fla. 185; 15 So. 904; 20 Mont. 574, 52 Pac. 611; 110 S. W. (Tex.) 1013; 103 S. W. (Tex.)…

1Opinion of the CourtMcCulloch, C. J.

Appellee’s intestate, H. J. Caver, was employed by appellant in the capacity of a brakeman, and while working as such was killed at Nelogany, Oklahoma, on October 16, 1911, being engaged at the time-in switching freight cars from appellant’s road to the tracks of a connecting carrier, the Missouri, Kansas & Texas Eailroad Company.

This is an action by appellee as administrator of the estate to recover damages on account of the suffering alleged to have been endured by deceased as a result of the injury, and the loss of contributions to the widow as next of kin.

An appeal has been prosecuted…

2Cases cited9 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
  3. St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
  4. St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
  5. Patrick v. WhitelySupreme Court of Arkansas · 1905

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
  2. Lusk v. PhelpsSupreme Court of Oklahoma · 1918
  3. Pekin Wood Products Co. v. MasonSupreme Court of Arkansas · 1932
  4. St. Louis-San Francisco Railway Co. v. BishopSupreme Court of Arkansas · 1930
  5. Arkmo Lumber Company v. LuckettSupreme Court of Arkansas · 1940

14 more not listed; retrieve them via the Exa API.

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