Missouri & North Arkansas Railroad v. Johnson
Supreme Court of Arkansas
Appeal from Monroe Girenit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. ■ Appellee was employed by the appellant railroad company as a brakeman, and was injured while engaged in switching a freight train at Baker, a station in Searcy County on appellant’s road,' -on the 22d of September, 1912, by stepping into an unblocked frog, as a result of which he says he was thrown under the train and run over by it and very severely injured.
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Appeal from Monroe Girenit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. ■ Appellee was employed by the appellant railroad company as a brakeman, and was injured while engaged in switching a freight train at Baker, a station in Searcy County on appellant’s road,' -on the 22d of September, 1912, by stepping into an unblocked frog, as a result of which he says he was thrown under the train and run over by it and very severely injured. The great preponderance of the evidence appears to be that appellee was not injured in the manner testified by him, indeed, that he was not injured at…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1) We will not reverse the judgment because of the insufficiency of the evidence, for, as we view this evidence, it is not physically impossible that appellee was injured as the result of stepping into an unblocked frog, although it is highly improbable that the injury was caused in that manner.(2) Appellee’s statement is corroborated by the witnesses whose depositions were taken, and the decision of this case turns upon the admissibility of those depositions. It is urged that appellant waived all right to object to these depositions because no exceptions…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
3Cited by21 opinions
- Baldwin v. WingfieldSupreme Court of Arkansas · 1935
- Humphries v. KendallSupreme Court of Arkansas · 1937
- Missouri Pacific Railroad Co. v. HamptonSupreme Court of Arkansas · 1938
- Hot Springs Street Railway Co. v. HillSupreme Court of Arkansas · 1939
- Arkmo Lumber Company v. LuckettSupreme Court of Arkansas · 1940
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