Fletcher v. Freeman-Smith Lumber Co.
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, Judge; Where there is any evidence tending to prove the issues in favor of either party to a suit, even though it be conflicting, or if the evidence is such that reasonable minds might draw different conclusions therefrom, it is the province of the jury to pass upon such evidence. 89 Ark. 522 ; 97 Ark. 347; Id. 353. This court has held that where there is no evidence upon which a verdict could be found by the jury, the trial…
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Appeal from Calhoun Circuit Court; George W. Hays, Judge; Where there is any evidence tending to prove the issues in favor of either party to a suit, even though it be conflicting, or if the evidence is such that reasonable minds might draw different conclusions therefrom, it is the province of the jury to pass upon such evidence. 89 Ark. 522 ; 97 Ark. 347; Id. 353. This court has held that where there is no evidence upon which a verdict could be found by the jury, the trial court may then direct a verdict. 57 Ark. 461-6; 35 Ark. 155; Id. 499.
1Opinion of the CourtMcCulloch, C. J.
This cause was formerly here on plaintiff’s appeal, and was reversed on account of the trial court’s error in giving a certain instruction. Fletcher v. Freeman-Smith Lbr. Co., 98 Ark. 202, 135 S. W. 827.
The second trial resulted in another verdict in favor of defendant, the court giving a peremptory instruction, and the plaintiff again appealed.
There is a slight difference in the testimony given in the two trials, and it therefore becomes necessary to restate the facts. Plaintiff was brakeman on a log train operated by defendant in the course of its business, and one of his duties was to…
2Cases cited1 opinion
- Fletcher v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1911
3Cited by2 opinions
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Arkansas State Life Insurance v. AllenSupreme Court of Arkansas · 1924