Legal Opinion

St. L., I. M. & S. Ry. v. Hendricks

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 17 opinions

APPEAL from Lonoke Circuit Court. Hon. E. T. Vaughan, Judge. The testimony of Drs. Martin and Oorn to show a custom at Austin, that defendants employes put tramps off the train, was clearly incompetent and calculated to preju- . dice the jury. See 4® -Pa.

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APPEAL from Lonoke Circuit Court. Hon. E. T. Vaughan, Judge. The testimony of Drs. Martin and Oorn to show a custom at Austin, that defendants employes put tramps off the train, was clearly incompetent and calculated to preju- . dice the jury. See 4® -Pa. St., 163; 16 C. B., N. S., 659; 86 N. Y.,309; 18 N. Y, 589; 5 Hem., 589; 74 Mass., 548; Wharton on Eo., sec. 40; 1 Greenlf. on Ev.,sec. 58; ib., sec. 448; 115 Mass., 84O; 118 ib., 488-, 10 Allen, 148; 6 Gush., 398. The admission of material, incompetent evidence, under objection, is ground for a new trial. 89 Mass., 508 ; 38 ib., 145; 79…

1Opinion of the CourtCockrill, C. J.

Ered Cost, who is now dead, brought suit against the appellant to recover damages for personal injuries received, as he alleged in his complaint and swore upon the trial, by being forcibly ejected from a moving train by a brakeman in the employ of the railroad company. The evidence upon the two sides was contradictory upon every material fact, but the plaintiff’s case, as put by himself and one other witness, was that he had been stealing a ride on one of the company’s trains by holding to a ladder on the outside of a freight car. When the train stopped at Cabot station, he alighted and…

2Cases cited1 opinion

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876

3Cited by17 opinions

  1. Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
  2. Pape v. WrightIndiana Supreme Court · 1889
  3. Jones v. StateIndiana Supreme Court · 1889
  4. Shewalter v. BergmanIndiana Supreme Court · 1890
  5. St. Louis, Iron Mountain & Southern Railway Co. v. PellSupreme Court of Arkansas · 1908

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