St. Louis, Iron Mountain & Southern Railway Co. v. Woodward
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. Instructions inapplicable, misleading and based on unproved hypotheses should not be given. 95 U. S. 697; 20 How. 252; 41 Ark. 382; 49 Ark. 183; 8 Ark. 183; 15 Ark. 491; 16 Ark. 628; 26 Ark. 513; 24 Ark. 251; 58 Ark. 324. To constitute murder in the first degree, there must be premeditation and deliberation. 36 Ark. 127; 38 Ark. 221; 56 Ark. 8; 45 Ark. 281. Proof of injury raises no presumption of willful injury. 63…
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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. Instructions inapplicable, misleading and based on unproved hypotheses should not be given. 95 U. S. 697; 20 How. 252; 41 Ark. 382; 49 Ark. 183; 8 Ark. 183; 15 Ark. 491; 16 Ark. 628; 26 Ark. 513; 24 Ark. 251; 58 Ark. 324. To constitute murder in the first degree, there must be premeditation and deliberation. 36 Ark. 127; 38 Ark. 221; 56 Ark. 8; 45 Ark. 281. Proof of injury raises no presumption of willful injury. 63 S. W. Rep. 994. Plaintiff’s own negligence was established by the res ipsa loquitur. 56 Ark. 459; 65 Ark. 238; 63 Ark.…
1Opinion of the CourtBunn, C. J.
This is a suit instituted in the Sebastian circuit court, Fort Smith district, and transferred on change of venue to the Greenwood district, where trial before a jury was had, resulting in a verdict for plaintiff in the sum of $2,000 for personal injuries to said Idus Woodward, and the defendant duly and in, due time appealed to this court.
Idus Woodward, a boy 12 years old, was driving a covered ice wagon along one of the streets of Fort Smith, and, when crossing the defendant’s railway track, this ice wagon was struck and demolished by a car which was being backed by an engine at the rear…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- United States v. BreitlingSupreme Court of the United States · 1858
- L. R. & F. S. Railway v. TownsendSupreme Court of Arkansas · 1883
- Railway Co. v. HammondSupreme Court of Arkansas · 1894
3Cited by8 opinions
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- Little Rock & Monroe Railway Co. v. RussellSupreme Court of Arkansas · 1908
- Davis v. First National BankCourt Of Appeals Of Indian Territory · 1905
- Smith v. WeatherfordSupreme Court of Arkansas · 1909
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