St. Louis, Iron Mountain & Southern Railway Co. v. Walker
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter„ Judge; STATEMENT BY THE COURT. T'he appellee, A. V. Walker, as administrator of the estate of J. R. Jones, sued appellant, alleging in substance as follows: That in the year 1902 the defendant company owned and operated and now owns and operates a line of railway on and through the plaintiff’s farm. That the Terre Rouge Creek, a stream called Dry Creek, and a slough run through said farm.
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Appeal from Hempstead Circuit Court; Jacob M. Carter„ Judge; STATEMENT BY THE COURT. T'he appellee, A. V. Walker, as administrator of the estate of J. R. Jones, sued appellant, alleging in substance as follows: That in the year 1902 the defendant company owned and operated and now owns and operates a line of railway on and through the plaintiff’s farm. That the Terre Rouge Creek, a stream called Dry Creek, and a slough run through said farm. That in the year 1902 plaintiff had -in cultivation on said farm fifty-five (55) acres of crop, forty-one (41) acres north and fourteen (14) acres south…
1Opinion of the Court
Wood, J.,
(after stating the facts). First. There was evidence to sustain the allegations of the complaints, and the verdicts were not excessive.
Second. Appellees asked a witness the following question:
Q. “I want you to state whether or not the railroad company, any time since 1902, has made that trestle larger?”
Appellant objected to the question. Thereupon counsel for appellees said: “I offer to make this proof to show that the opening at the creek was smaller than it is now, and for that purpose only.”
The court overruled appellant’s objection, and permitted the witness to answer as follows:
“…
2Cases cited6 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Railway Co. v. CookSupreme Court of Arkansas · 1893
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. CourtneySupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1910
- Pekin Stave Co. v. RameySupreme Court of Arkansas · 1913
- Opinion No., Arkansas Attorney General Reports1996