Bush v. Prescott & Northwestern Railway Co.
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; J. D. Shaver, Chancellor; 1. The court erred as- to competency of the deposition of Mrs. Smith. It was taken before the death of Guy Nelson, and he was present and cross-examined. It was competent in chancery, but not at law. Kirby’s Digest. § § 3157, 3161; 50 Ark. 159; 1 Gr. Ev. § 163, i; 11 Ark. 82; 3 Gr. Ev. § 251; 64 Eed.
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Appeal from Nevada Chancery Court; J. D. Shaver, Chancellor; 1. The court erred as- to competency of the deposition of Mrs. Smith. It was taken before the death of Guy Nelson, and he was present and cross-examined. It was competent in chancery, but not at law. Kirby’s Digest. § § 3157, 3161; 50 Ark. 159; 1 Gr. Ev. § 163, i; 11 Ark. 82; 3 Gr. Ev. § 251; 64 Eed. Rep. 266; 18 Id. 7 Pet. 252; 2 Vesey, Sr. 42; Gresley on Ev. 366-7; 1. Starkey on Ev. 264-5; ,1 Smith, Ch. Pr. 344; 1 Wharton on Ev. § 168. See also 9 Wash. 515; 13 Cyc. 993, c; 42 Mich. 477; 45 Mo. 265; 40 Id. 368; 100 Pa. St. 374; 84…
1Opinion of the CourtHill, C. J.
Mrs. Mary A. Smith brought action against the Prescott & Northwestern Railway Company for damages for causing the death of her son, Ed. Mechlin. She recovered judgment for $1,200, and the Railway Company appealed to this court, where it was reversed. Prescott & Northwestern Railway Company v. Smith, 70 Ark. 179. This court held that she'had established a cause of action against the defendant, but that there was misconduct in the trial of the case, to the prejudice of the appellant, which called for a reversal, and a new trial.
Mrs. Smith employed J. O. A. Bush, an attorney at law, to represent…
2Cases cited12 opinions
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878
- Nugent v. CurranSupreme Court of Missouri · 1883
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
- Sproull v. MilesSupreme Court of Arkansas · 1907
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3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
- Blackburn v. ThompsonSupreme Court of Arkansas · 1917
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1913
- Kessler v. KesslerWyoming Supreme Court · 1963
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