Prescott & Northwestern Railroad v. Thomas
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. Complaints made by tbe appellee concerning ber injuries to visitors two weeks after tbe accident were not competent, and should bave been excluded. In tbe Jackson case, 93 Ark. 125, rebed on by appellee, the complaints were made immediately after tbe accident. Here they were too remote, and made, moreover, as tbe proof shows, after appellee bad decided upon a suit against appellant. 105 N. Y. 294, 59 Am.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. Complaints made by tbe appellee concerning ber injuries to visitors two weeks after tbe accident were not competent, and should bave been excluded. In tbe Jackson case, 93 Ark. 125, rebed on by appellee, the complaints were made immediately after tbe accident. Here they were too remote, and made, moreover, as tbe proof shows, after appellee bad decided upon a suit against appellant. 105 N. Y. 294, 59 Am. Rep. 506; Jones on Evidence (2 ed.), § 349; 16 L. R. A. 436. 2. Instruction No. 1, given by tbe court, errs in requiring tbe…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Thomas, claims to have received personal injuries while she was. getting off one of defendant’s trains, and sues to recover compensation for the injuries. She took passage on the train at Tokio and went to McCaskill, which was the station nearest to her home, and after the train came to a stop, while she was getting off, her foot slipped, and she fell against the step, injuring her back. The jury-awarded damages in the sum of $500.
She testified that after the train came to a stop she walked out on the platform and down the steps and that as she went to stepson the box…
2Cases cited2 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodsSupreme Court of Arkansas · 1910
3Cited by11 opinions
- Biddle v. RileySupreme Court of Arkansas · 1915
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Missouri Pacific Transportation Co. v. RobinsonSupreme Court of Arkansas · 1935
- Arkansas Power & Light Co. v. HughesSupreme Court of Arkansas · 1934
- Chicago, Rock Island & Pacific Railway Co. v. OwensSupreme Court of Arkansas · 1915
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