St. Louis, Southwestern Railway Co. v. Wyman
Supreme Court of Arkansas
Appeal from Monroe 'Circuit Court; Thomas G. Trimble, Judge; STATEMENT BY THE COURT. The appellee instituted this action against the appellant for damages for personal injuries. He alleged that he was a passenger on appellant’s train from Brinkley to ■Clarendon.
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Appeal from Monroe 'Circuit Court; Thomas G. Trimble, Judge; STATEMENT BY THE COURT. The appellee instituted this action against the appellant for damages for personal injuries. He alleged that he was a passenger on appellant’s train from Brinkley to ■Clarendon. That upon arriving at Clarendon, the train came to a stop, and that while standing in the aisle waiting for another passenger ahead of him to get off, the defendant’s employees-caused the train to he jerked and started with such force that plaintiff was thrown violently backwards and received severe injuries to his hack and thigh. The…
1Opinion of the Court
Wood, J.,
(1-3) (after stating the facts). I. The appellant contends that the effect of the instructions numbered 1 and 2, given at the instance of the appellee, was to make appellant’s liability depend upon the issue as to whether or not the employees of appellant were negligent in the operation of the train, and that these instructions excluded from the jury the issue of contributory negligence. The court, in instructions on its own motion, told the jury that the theory of appellant’s defense was that the allegations set up by the appellee in his complaint were not true, and that he was not…
2Cases cited11 opinions
- Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rogers v. WoodsSupreme Court of Arkansas · 1931