Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Neal

Supreme Court of Arkansas

Decided October 15, 1906PublishedCited by 8 opinions

Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. The St. Louis, Iron Mountain and Southern Railway Company owned and operated a. railway, which was engaged in interstate commerce, and extended from the city of Van Burén, in this State, through the Indian Territory, to the city of Coffey-ville, in the State of Kansas. The town of Sallisaw, in the Indian Territory, is on its line of railway.

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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. The St. Louis, Iron Mountain and Southern Railway Company owned and operated a. railway, which was engaged in interstate commerce, and extended from the city of Van Burén, in this State, through the Indian Territory, to the city of Coffey-ville, in the State of Kansas. The town of Sallisaw, in the Indian Territory, is on its line of railway. George W. Taylor was employed by it as a brakeman on one of its freight trains. On the 18th of January, 1899, this train left Van Burén for Coffeyville. It had two cars to…

1Opinion of the CourtBattue, J.

Defendant asked for instructions as to contributory negligence of the plaintiff, if any, which were covered by instructions given by the court, and for that reason were properly refused.

Many instructions were asked by the defendant, which were properly refused for reasons that appear in the opinion delivered in this case when it was here the .first time. Neal v. St. Louis, Iron Mountain & Southern Railway Company, 71 Ark. 445.

The evidence offered by the appellant, which the court refused to admit, were predictions of bystanders which were fully verified, as shown by the evidence. Their…

2Cases cited4 opinions

  1. State ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
  2. Boyd v. BryantSupreme Court of Arkansas · 1879
  3. Dastervignes v. United StatesCourt of Appeals for the Ninth Circuit · 1903
  4. Neal v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1903

3Cited by8 opinions

  1. Bullock v. BillheimerIndiana Supreme Court · 1911
  2. United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1908
  3. Atlantic Coast Line R. v. United StatesCourt of Appeals for the Fourth Circuit · 1909
  4. St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
  5. Indiana Union Traction Co. v. AbramsIndiana Supreme Court · 1913

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