DeQueen & Eastern Railroad v. Pigue
Supreme Court of Arkansas
Appeal from Howard Circuit Court; J. S. Lake, Judge; 1. The court erred in its instructions to the jury. Appellee was a mere trespasser. 83 Ark. 300'; 88 Id. 172; 57 Id. 461; 99 Id. 422. 2. The verdict is not supported by the evidence. 1. No exceptions were saved to the instructions. 114 Ark. 300; 88 Id. 505. 2. Appellee was not a trespasser and he was entitled to the exercise of ordinary care on the part of appellant’s servants not to injure him. 104 Ark. 409; 93 Id. 15. 3.…
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Appeal from Howard Circuit Court; J. S. Lake, Judge; 1. The court erred in its instructions to the jury. Appellee was a mere trespasser. 83 Ark. 300'; 88 Id. 172; 57 Id. 461; 99 Id. 422. 2. The verdict is not supported by the evidence. 1. No exceptions were saved to the instructions. 114 Ark. 300; 88 Id. 505. 2. Appellee was not a trespasser and he was entitled to the exercise of ordinary care on the part of appellant’s servants not to injure him. 104 Ark. 409; 93 Id. 15. 3. The testimony is abundantly sufficient to sustain the verdict.
1Opinion of the CourtHart, J.
Harmon Pigue was injured while unloading freight from one of the cars of the DeQueen & Eastern Railroad Co. at Dierks, Arkansas. He alleged that the injuries were sustained on account of the 'negligence of the railroad company and sued it to recover damages. The case was tried before a jury which returned a verdict in favor of the plaintiff for $350 and from the judgment rendered this appeal is prosecuted.
It is first insisted that the judgment should be reversed because the court erred in giving certain instructions for the plaintiff. No exceptions were saved to the action of the court in…
2Cases cited5 opinions
- Cammack v. Southwestern Fire InsuranceSupreme Court of Arkansas · 1908
- Missouri & North Arkansas Railroad v. DuncanSupreme Court of Arkansas · 1912
- Kentucky Military Institute v. CohenSupreme Court of Arkansas · 1917
- Memphis, Dallas & Gulf Railroad v. YandellSupreme Court of Arkansas · 1916
- Arkansas-Denning Coal Co. v. YocumSupreme Court of Arkansas · 1917
3Cited by9 opinions
- Brown v. KeatonSupreme Court of Arkansas · 1960
- Montaque v. StateSupreme Court of Arkansas · 1951
- Thrower Ex Rel. Lockhart v. HenwoodSupreme Court of Missouri · 1943
- Sanchez v. DixonCourt of Appeals of Texas · 1933
- McFadden v. A. B. Richards Medicine Co.Supreme Court of Arkansas · 1926
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