Legal Opinion

Railway Co. v. Harrell

Supreme Court of Arkansas

Decided February 10, 1894PublishedCited by 12 opinions

Appeal from Lonoke Circuit Court. Robert J. Lea, Judge. Wallace M. Harrell, as administrator of the estate of J. C. Gist, deceased, brought this action against the Little Rock & Memphis Railway Company and the Little Rock & Argenta Street Railway Company to recover damages for the negligent killing of his intestate.

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Appeal from Lonoke Circuit Court. Robert J. Lea, Judge. Wallace M. Harrell, as administrator of the estate of J. C. Gist, deceased, brought this action against the Little Rock & Memphis Railway Company and the Little Rock & Argenta Street Railway Company to recover damages for the negligent killing of his intestate. The facts are stated by the court as follows: This action was instituted in the Lonoke circuit court, at its January term, 1892, by the appellee, administrator, for the benefit of the widow and children of his intestate, J. C. Gist, against both the appellants, for the negligent…

1Opinion of the Court

Bunn, C. J.,

(after stating the facts). The appellant street-car company in argument is made to defend mostly against the contention of plaintiff in the court below that a lien can be fixed upon its property for any judgment rendered in this action, under the act approved March 19, 1889 ; and its counsel in their briefs do not make any specific objection to the instructions and admission of testimony.

1. Evidence of previous negligence inadmissible. The first contention of the appellant railroad company is that the court below erred in not permitting it to introduce other and previous acts of…

2Cases cited7 opinions

  1. Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
  2. Atlanta & West Point Railroad v. NewtonSupreme Court of Georgia · 1890
  3. Towle v. Pacific Improvement Co.California Supreme Court · 1893
  4. Christensen v. Union Trunk LineWashington Supreme Court · 1893
  5. McDonald v. Inhabitants of SavoyMassachusetts Supreme Judicial Court · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
  2. People v. ThompsonMichigan Supreme Court · 1899
  3. Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
  4. Denver City Tramway Co. v. CowanSupreme Court of Colorado · 1911
  5. Missouri Pacific Railroad v. WattSupreme Court of Arkansas · 1932

7 more not listed; retrieve them via the Exa API.

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