Little Rock Railway & Electric Co. v. Newman
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. WiníiBld, Judge; 1. Plaintiff can not complain because the conductor testified ■to the motorman’s statement'that “the hog jumped on the track right in front of the car,” having brought it out on cross-examination. It was a part of the res gestae and competent. 2. The court erred in refusing defendant’s first, .fourth and sixth instructions, and in giving the fourth as modified.
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Appeal from Pulaski Circuit Court; Edward W. WiníiBld, Judge; 1. Plaintiff can not complain because the conductor testified ■to the motorman’s statement'that “the hog jumped on the track right in front of the car,” having brought it out on cross-examination. It was a part of the res gestae and competent. 2. The court erred in refusing defendant’s first, .fourth and sixth instructions, and in giving the fourth as modified. The question whether the plaintiff, living by the car tracks, was negligent in permitting her hog to run at large, ought to have gone, to the jury. 62 Ark. 166. 3. The…
1Opinion of the CourtWood, J.
This appeal seeks to reverse a judgment against appellant recovered by appellee for the alleged negligent killing of a certain hog.
The proof showed that the hog was killed by one of appellant’s cars. And there was evidence from which the jury might have found that the motorman in charge of the car was negligent. But there is no evidence that the negligence of the motorman was the proximate cause of the injury. There is no proof that the motorman saw or could have seen the hog in time, by the use of ordinary care, to have prevented striking it. There was proof that the track was straight, and…
2Cases cited12 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
- Southern Insurance v. WhiteSupreme Court of Arkansas · 1893
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3Cited by4 opinions
- Hot Springs Street Ry. Co. v. JonesSupreme Court of Arkansas · 1962
- Little Rock Traction & Electric Co. v. HicksSupreme Court of Arkansas · 1906
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Little Rock Railway & Electric Co. v. BaxleySupreme Court of Arkansas · 1916