St. Louis, Iron Mountain & Southern Railway Co. v. Day
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. Stating the case most strongly in favor of the appellee, the verdict is manifestly excessive, so much so as to indicate undue passion, prejudice or sympathy for him. 2. He is not entitled to recover for any damage from cold, rain, mud, or.physical fatigue or .injury which resulted from his attempt to walk back to Conway., There is evidence that appellee knew his condition and what he was doing — whence 'he came…
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. Stating the case most strongly in favor of the appellee, the verdict is manifestly excessive, so much so as to indicate undue passion, prejudice or sympathy for him. 2. He is not entitled to recover for any damage from cold, rain, mud, or.physical fatigue or .injury which resulted from his attempt to walk back to Conway., There is evidence that appellee knew his condition and what he was doing — whence 'he came and whither bound — and there is no evidence charging appellant with any knowledge of mental impairment. 75 Ark. 479; 3…
1Opinion of the CourtHill, C. J.
William Day, who was suffering from partial paralysis, started from Menlo, Ga., to Conway, Ark., where he was going to reside with his brother, a resident of that place. His paralysis prevented him from being able to walk, and so seriously affected his vocal organs that he was unable to talk intelligibly, and his mind was more or less affected by the disease. There is some difference of opinion as to the extent of his power of speech and mental' faculties; but that both were manifestly impaired, and that both of these infirmities were apparent, is fairly deducible from the evidence.
His…
2Cases cited4 opinions
- Price v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Richardson v. StateSupreme Court of Arkansas · 1906
- Jewell v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Treakle v. VaughanSupreme Court of Arkansas · 1907
3Cited by4 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Arkansas State Highway Commission v. DeanSupreme Court of Arkansas · 1969
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
- Beaumont v. J. H. Hamlen & SonSupreme Court of Arkansas · 1935