St. Louis, Iron Mountain & Southern Railway Co. v. Sandidge
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Alexander M.- Dicffie, Judge; i.- The verdict ignores the complete accord and satisfaction of all claims made by the plaintiff before suit was brought. • 2.. The court erred in refusing the fourth instruction asked for by the appellant. 86 N. Y. 79; 61 Fed.
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Appeal from Saline Circuit Court; Alexander M.- Dicffie, Judge; i.- The verdict ignores the complete accord and satisfaction of all claims made by the plaintiff before suit was brought. • 2.. The court erred in refusing the fourth instruction asked for by the appellant. 86 N. Y. 79; 61 Fed. Rep. 54; 65 Fed. 460; 113 Fed. 915; 62 Ark. 278. And also in refusing the 5th and 10th instructions on the same point. 3. There can be no recovery for fright, hence the 3d instruction given was erroneous. 69 Ark. 405. In 'the absence of physical injury, and upon a mere showing of fright and nervous shock,…
1Opinion of the CourtBattle, J.
On November 22, 1904, Carrie Sandidge was a ■ passenger on a train of the St. Louis, Iron Mountain and Southern Railway Company. On that day, near Swifton, Arkansas, the train was wrecked by a collision with a freight train of the company, and the car in which Mrs. Sandidge' was seated was' derailed, and.she was seriously injured. On the same day she received a check of the company for one hundred dollars to compensate her .for her damages, and she executed to it an instrument of writing in which she released and discharged it from all • claims or liability growing out of the accident. On the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1904
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