St. Louis, Iron Mountain & Southern Railway Co. v. Kimbrell
Supreme Court of Arkansas
Appeal from White Circuit Court; M. Jachson, Judge; 1. The testimony of R. B. Campbell as to the experiment made by .him was erroneously admitted.
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Appeal from White Circuit Court; M. Jachson, Judge; 1. The testimony of R. B. Campbell as to the experiment made by .him was erroneously admitted. Such testimony is not admissible unless the experiment was made under substantially the same conditions as existed at the time of the. accident. 115 Ark. 101. 2. Counsel contend that the court erred in refusing to give instructions 21, 22 and 24, as stated in the opinion, but cite no authorities. 3. The court erred in refusing to direct a verdict for the appellant. Appellee, as the evidence shows, was guilty of contributory negligence.' If, as he…
1Opinion of the CourtHart, J.
Joe W. Kimbrell sued the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries sustained by him while driving a two-horse wagon across the railroad tracks of defendant at a public crossing in Beebe, a town of 1,800 or 2,000 inhabitants. He was alone in the wagon, and stopped his team fen or twelve' feet before he reached a sidetrack on which were stored some box cars which obstructed his view toward the south. He looked up and down the track the best he could for the approach of trains, and also listened for the approach of them. Not seeing or hearing any trains,…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- Choctaw, Oklahoma & Gulf Railroad v. BaskinsSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. GarnerSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. PrinceSupreme Court of Arkansas · 1911
- Arkansas Central Railway Co. v. WilliamsSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bona v. Thomas Auto Co.Supreme Court of Arkansas · 1919
- Bush v. BrewerSupreme Court of Arkansas · 1918
- Trammell v. StateSupreme Court of Arkansas · 1936
- Missouri Pacific Railroad Co. v. RogersSupreme Court of Arkansas · 1931
- St. Louis & San Francisco Railway Co. v. StewartSupreme Court of Arkansas · 1918
4 more not listed; retrieve them via the Exa API.