Memphis & Little Rock Rail Road v. Sanders
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. Hon. E. T. Vatjghn Circuit Judge. While the instructions, most of them, are law, they were not applicable to the proof in this case, and hence abstract and misleading. 37 Ark., 591-598. The court should have added to the 8th instruction, the prayer of defendant, “it is only for culpable negligence of defendant after being apprised of the situation of plaintiffs’ property that defendant is chargeable.” This is elementary law.
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APPEAL from Lonoke Circuit Court. Hon. E. T. Vatjghn Circuit Judge. While the instructions, most of them, are law, they were not applicable to the proof in this case, and hence abstract and misleading. 37 Ark., 591-598. The court should have added to the 8th instruction, the prayer of defendant, “it is only for culpable negligence of defendant after being apprised of the situation of plaintiffs’ property that defendant is chargeable.” This is elementary law. "Where the injury is the proximate cause of plaintiff’s negligence he cannot recover. 36 Ark., 46, 376-7; 5 Otto 442; 15 Rep. 555; 16…
1Opinion of the CourtEakin, J.
Appellees sued the Rail Road Company below, for damages, on account of injury to a horse, done by a running train. The defendant denied the alleged injuries, and set up, also, contributory negligence on the part of the plaintiffs. Upon trial, a jury returned a verdict in favor of plaintiffs for 90 dollars damages. After a motion for a new trial had been overruled, and a bill of exceptions allowed, the defendant appealed.
The 1st five grounds of the motion are all to the effect that the verdict is contrary to the evidence; or not sustained by it. There was proof tending to show, that upon a…
2Cited by4 opinions
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