Little Rock Traction & Electric Co. v. Kimbro
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfieed, Judge. The evidence' does not sustain the verdict. 40 Ark. 168; 'll Ark. 630; 46 Ark. 141; 34 Ark. 632; 70 Ark. 386. Instruction No. 1, given by the court, was error, since it took from the jury the defense of contributory negligence. 65 Ark. 98; 65 Ark. 64 ; 59 Ark. 98; 58 Ark. 473; 57 Ark. 207, 393; 70 Ark. 79. The law as to the effect of contributory negligence was improperly declared.
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Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfieed, Judge. The evidence' does not sustain the verdict. 40 Ark. 168; 'll Ark. 630; 46 Ark. 141; 34 Ark. 632; 70 Ark. 386. Instruction No. 1, given by the court, was error, since it took from the jury the defense of contributory negligence. 65 Ark. 98; 65 Ark. 64 ; 59 Ark. 98; 58 Ark. 473; 57 Ark. 207, 393; 70 Ark. 79. The law as to the effect of contributory negligence was improperly declared. I Thompson, Neg. § 241; 63 N. E. 836; 67 N. E. 953; 31 Pac. 834; Me. 552; 31 Pac. 836; 51 N. W. 785; 101 Mass. 466; 80 N. Y. Supp. 231;…
1Opinion of the CourtBattle, J.
Kimbro brought this action against the Little Rock Traction & Electric Company to recover damages for a personal injury alleged to have been caused by the negligence of the defendant. The defendant is a corporation, organized under the laws of this State, and is engaged in the operation of a street railway in the city of Little Rock; On the 21st day of November, 1898, plaintiff was 9 passenger on one of its cars, and in attempting to alight on Markham Street, about half way between Center and Spring, fell and was severely injured. This was not a regular stopping place for the cars. One…
2Cases cited5 opinions
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Leavenworth Electric Railroad v. CusickSupreme Court of Kansas · 1899
- Baldwin v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1897
- Craighead v. Brooklyn City RailroadNew York Court of Appeals · 1890
3Cited by15 opinions
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Arkansas State Bank Commissioner v. Bank of MarvellSupreme Court of Arkansas · 1991
- Beach v. Eureka Traction Co.Supreme Court of Arkansas · 1918
- Butler v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1932
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