Central Coal & Coke Co. v. Fitzgerald
Supreme Court of Arkansas
Appeal Horn Sebastian Circuit Court, Greenwood District; John Brizsolara, Judge; 1. The evidence is insufficient to show that any negligence of defendants caused the accident. 89 Ark. 581; 100 Id. 53; 86 Id. 289. The scintilla doctrine as to evidence does not prevail now in Arkansas. 114 Ark. 112. 2. It was an accident for which appellants were not liable. 116 Ark. 82. Verdicts can not be predicated upon conjecture. 113 Ark. 353; 116 Id. 82; 174 S. "W. 574. See, also, 116…
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Appeal Horn Sebastian Circuit Court, Greenwood District; John Brizsolara, Judge; 1. The evidence is insufficient to show that any negligence of defendants caused the accident. 89 Ark. 581; 100 Id. 53; 86 Id. 289. The scintilla doctrine as to evidence does not prevail now in Arkansas. 114 Ark. 112. 2. It was an accident for which appellants were not liable. 116 Ark. 82. Verdicts can not be predicated upon conjecture. 113 Ark. 353; 116 Id. 82; 174 S. "W. 574. See, also, 116 Ark. 82; 154 N. Y. 90; 136 Id. 423; 101 Id. 661; 64 Kan. 553; 74 Iowa 248; Elliott on Ev., § 89; 179 U. S. 658; 181 Fed.…
1Opinion of the CourtWood, J.
The Central Coal & Coke Company (hereinafter called company) owned and operated mine No. 11 in Sebastian County, Arkansas. It was a shaft mine. The coal, dirt and rock were drawn up in oars from the bottom of the shaft by steam power. The coal was brought up in separate cars from the rock and dirt. The mine had the usual tipple. There was a trestle built of wood on which ran the rock and dirt cars for the purpose of carrying away the rock and dirt from the tipple. This trestle started at the tipple and extended north for a distance of about eighty feet. At the tipple — the lowest point — the…
2Cases cited4 opinions
- Como v. City of WorcesterMassachusetts Supreme Judicial Court · 1901
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- H. D. Williams Cooperage Co. v. KittrellSupreme Court of Arkansas · 1913
- Allegheny Improvement Co. v. WeirSupreme Court of Arkansas · 1910
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