Evans v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. The peremptory instruction of the court was error. 62 Ark. 154. The appellee was guilty of negligence in making the running or drop switch at the time and place made. Thomp. Neg. 412; 32 N. Y. 597; 94 Mo. 150; 18 L. R. A. 66; Shearman & Red.
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Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. The peremptory instruction of the court was error. 62 Ark. 154. The appellee was guilty of negligence in making the running or drop switch at the time and place made. Thomp. Neg. 412; 32 N. Y. 597; 94 Mo. 150; 18 L. R. A. 66; Shearman & Red. Neg. § 466; 19 S. W. 738; 55 111. 379; 31 L. R. A. 855; 32 L. R A. 53°; *39 U. S. 469; 33 C. C. A. 644; 64 Ark. 535; 78 S. W. 220. Appellant was not a trespasser. 57 Ark. 151; 69 Ark. 294; 63 Ark. 638; 69 Ark. 294; 13 L. R. A. 634; 31 L. R. A. 855; 69 Ark. 496. The question as to whether Venna…
1Opinion of the CourtBattue, J.
Appellee, St. Louis, Iron Mountain & Southern Railway Company, moves the court to dismiss the appeal herein because it was not taken within the time prescribed by law.
The judgment appealed from was rendered on the 15th day of April, 1902. The appeal in this case was taken on the 6th day of June, 1903, more than one year after the rendition of the judgment. The plaintiff, against whom the judgment sought to be reviewed was rendered, died on the 17th day of October, 1902. This did not extend the time of appeal for revivor beyond the year. The statute absolutely provides: “An appeal or writ of…
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