St. Louis, Iron Mountain & Southern Railway Co. v. Belcher
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The appellee, in her own behalf and as administratrix of the estate of James Belcher, deceased, and in behalf of Viola .and Esther Belcher, minors, instituted this suit against the appellant, alleging that plaintiff’s intestate was sitting upon the ends of the crossties upon which defendant’s track was laid a 'short distance from the town of Kensett; that defendant’s servants negligently ran a…
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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The appellee, in her own behalf and as administratrix of the estate of James Belcher, deceased, and in behalf of Viola .and Esther Belcher, minors, instituted this suit against the appellant, alleging that plaintiff’s intestate was sitting upon the ends of the crossties upon which defendant’s track was laid a 'short distance from the town of Kensett; that defendant’s servants negligently ran a train at a high rate of speed over said track without ringing the hell or blowing the whistle, .and without keeping a…
1Opinion of the Court
’Wood, J.,
(after stating the facts). The appellant contends that the court erred in not granting its prayer for a directed verdict. This court has held in several cases that where the testimony of the engineer and fireman is reasonable and uncontradieted, the jury have no right arbitrarily to reject it. St. Louis, I. M. & S. Ry. Co. v. Humbert, 101 Ark. 532, and oases there cited. It is also a well established doctrine, often recognized by this court, that juries will not be permitted to rest a verdict purely upon speculation, that there must be testimony which warrants a, finding of the…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
- Russell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- St. Louis-San Francisco Railway Co. v. BishopSupreme Court of Arkansas · 1930
- St. Louis-San Francisco Railway Co. v. SmithSupreme Court of Arkansas · 1929
- National Life & Accident Insurance v. HamptonSupreme Court of Arkansas · 1934
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Missouri Arkansas Railway Company v. TreeceSupreme Court of Arkansas · 1946
5 more not listed; retrieve them via the Exa API.