Chicago Mill & Lumber Co. v. Cooper
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Prank Smith, Judge; 1. A verdict should have been directed for defendants, there being no legal evidence to prove actionable negligence. 57 Ark. 468; 145 U. S. 593; 144 Id. 408. 2. The mere happening of the accident and injury is^ not sufficient to shift the burden from plaintiff.
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Appeal from Mississippi Circuit Court; Prank Smith, Judge; 1. A verdict should have been directed for defendants, there being no legal evidence to prove actionable negligence. 57 Ark. 468; 145 U. S. 593; 144 Id. 408. 2. The mere happening of the accident and injury is^ not sufficient to shift the burden from plaintiff. The burden is on the plaintiff. 46 Ark. 555; m Tenn. 472;.44 Ark. 527; 51 Id. 479; 79 Id. 81; 57 Id. 479; 148 Fed. 369; 132 Id. 593; 179 U. 5. 658; 166 Id. 617; 83 Iowa 105; Mo. 268; 90 Cal. 497; 46 Oh. St. 386; 42 Mich. 41; 65 Mid. 438; 71 C. C. A. 558; 81 Id. 559; 1 Bailey on…
1Opinion of the Court
McCulloch. C. J.
This is an action instituted by the plaintiff (appellee), Tom Cooper, against three defendants, the Chicago Mill & Dumber Company, the Cairo, Memphis & Southern Railway & Transportation Company, and Jack O’Bryan, to recover damages alleged to have been sustained by him on account of their alleged negligence. The Transportation Company and the Dumber Company are both Illinois corporations. The Transportation Company was, at the time of the injury to plaintiff, a common carrier operating a line of boats and barges on the Mississippi River. The Dumber Company owned and operated…
2Cases cited14 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Gila Valley, Globe & Northern Railway Co. v. LyonSupreme Court of the United States · 1906
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
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3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- Railways Ice Co. v. HowellSupreme Court of Arkansas · 1915
- Fletcher v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1911
- R. Lee Tolley Co. v. MarrCourt of Appeals of Tennessee · 1931
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