Halliday Milling Co. v. Louisiana & Northwest Railroad
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. If there is some evidence tending to establish the plaintiff’s cause of action, it is error to direct a verdict for the defendant; and this is true even though the weight of evidence may be with the party in whose favor the verdict is directed. 71 Ark. 445; 57 Ark. 527; 71 Ark. 305; 61 Ark. 442; 62 Ark. 63; 63 Ark. 94; 37 Ark. 164. 2. A witness’ opinion is admissible as evidence where experience and observation…
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Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. If there is some evidence tending to establish the plaintiff’s cause of action, it is error to direct a verdict for the defendant; and this is true even though the weight of evidence may be with the party in whose favor the verdict is directed. 71 Ark. 445; 57 Ark. 527; 71 Ark. 305; 61 Ark. 442; 62 Ark. 63; 63 Ark. 94; 37 Ark. 164. 2. A witness’ opinion is admissible as evidence where experience and observation in the special calling of the witness gives him knowledge of the subject in question beyond that of persons of common…
1Opinion of the CourtHill, C. J.
Appellant was a grain dealer at Cairo, 111., and shipped seven cars of corn and one car of flour to customers at Magnolia, Arkansas, in December, 1905, at a delivered price. The shipments were made over St. Louis Southwestern Railway from Cairo, 111., to Pane Bluff, Ark., there consigned to a local agent of appellant, and by him reshipped over the St. Louis Southwestern from Pine Bluff to McNeil, and from McNeil to Magnolia over line of appellee. The latter distance is 6.4 miles, and the distance from Pine Bluff to McNeil about 100 miles. Cairo to Magnolia is about 378 miles. The appellee…
2Cases cited10 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Mountain States Telephone & Telegraph Co. v. Public Service CommissionUtah Supreme Court · 1943
- Midland Valley Railroad Co. v. BarkleySupreme Court of Arkansas · 1927
- Kansas City Southern Railway Co. v. BrooksSupreme Court of Arkansas · 1907
- Kindel v. Southern Railway Co.Supreme Court of Colorado · 1914
1 more not listed; retrieve them via the Exa API.