Hot Springs Street Railroad v. Hildreth
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. statement by the court. This is a suit to recover damages from the appellant for personal injuries to appellee in a collision between appellant’s car and the wagon in which appellee was riding when the injuries occurred. The company denied negligence, and set up contributory negligence on the part of appellee and the driver of the wagon.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. statement by the court. This is a suit to recover damages from the appellant for personal injuries to appellee in a collision between appellant’s car and the wagon in which appellee was riding when the injuries occurred. The company denied negligence, and set up contributory negligence on the part of appellee and the driver of the wagon. The facts, stated most strongly for appellee, are as follows: Appellee, a boy 9 years of age, was on a delivery wagon for a ride with the driver, and while the wagon was being driven by the driver…
1Opinion of the CourtWood, J.
(after stating the facts). The supreme court of Georgia seems to have committed itself to the doctrine that trial courts have no right to tell the jury what constitutes negligence except in cases “where the law expressly requires or forbids an act to be done, or declares its performance or nonperformance to be negligence.” Mayor, etc., of Milledgeville v. Wood, 40 S. E. 239. In the above case the court says: “We have seen that in this state negligence is a question exclusively for the jury, and that the law so carefully guards the province of the jury in this respect that even the court…
2Cases cited6 opinions
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Little Rock & Fort Smith Railroad v. DuffeySupreme Court of Arkansas · 1880
- Citizens' Street Railway v. SteenSupreme Court of Arkansas · 1883
- St. L., I. M. & S. Ry. v. PersonSupreme Court of Arkansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Fujise v. Los Angeles Railway Co.California Court of Appeal · 1909
19 more not listed; retrieve them via the Exa API.