St. Louis & San Francisco Railroad v. Caldwell
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The copy of the deed from Kansas & Texas Coal Company to Little Rock & Texas Railway Company was inadmissible because (a) no foundation was laid for its introduction — no showing of effort to obtain the original deed, nor why the original was not produced.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The copy of the deed from Kansas & Texas Coal Company to Little Rock & Texas Railway Company was inadmissible because (a) no foundation was laid for its introduction — no showing of effort to obtain the original deed, nor why the original was not produced. Kirby’s Dig. § § 756-757; 76 Ark. 400; Id. 461; 77 Ark. 244. (b) The blue print attached to the original deed showing the right-of-way conveyed, and an essential part of the description, was not copied, (c) It was error to permit appellee’s attorney to state to…
1Opinion of the CourtMcCuuuoch, C. J.
Appellee sues to recover damages resulting from personal injuries received by falling into an unprotected hole or pit in one of the approaches to the railroad station of appellant at the town of Huntington, Arkansas. He recovered a verdict for damages, and appellant has brought the case here for review.
It is alleged in the complaint that appellant, for several years prior to the time appellee was injured, negligently permitted a large and deep hole or excavation with perpendicular sides to remain open and unprotected on its right-of-way in close proximity to the principal approach to the…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
- Texas & St. Louis Railway v. OrrSupreme Court of Arkansas · 1885
- St. Louis & San Francisco Railroad v. HaleSupreme Court of Arkansas · 1907
- Fordyce v. RussellSupreme Court of Arkansas · 1894
3Cited by5 opinions
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- Yazoo & Mississippi Valley Railroad v. HillSupreme Court of Arkansas · 1919
- Lee Line Steamers v. CraigSupreme Court of Arkansas · 1914
- St. Louis & San Francisco Railroad v. GriderSupreme Court of Arkansas · 1913
- Louisiana & Arkansas Railway Co. v. AndersonSupreme Court of Arkansas · 1919