St. Louis, Iron Mountain & Southern Ry. Co. v. Hairston
Supreme Court of Arkansas
Appeal from Pope Circuit Court; M. L. Davis, Judge; 1. The verdict in this case is so greviously wrong as to shock one’s sense of justice. 70 Ark. 386; 34 Id. 632; 10 Id. 492. Hairston’s evidence was evidently false and untrue as shown by all the evidence in the case. 2. The verdict in this case was the result of the ' improper and prejudicial remarks and argument of counsel.
Read the full summary
Appeal from Pope Circuit Court; M. L. Davis, Judge; 1. The verdict in this case is so greviously wrong as to shock one’s sense of justice. 70 Ark. 386; 34 Id. 632; 10 Id. 492. Hairston’s evidence was evidently false and untrue as shown by all the evidence in the case. 2. The verdict in this case was the result of the ' improper and prejudicial remarks and argument of counsel. The admonition of the court did not cure the error or remove the prejudice, nor did the withdrawal of the improper remarks do so. The transgression was flagrant and the effect of the remarks were not removed by the…
1Opinion of the CourtSmith, J.
Suits were brought for Benjamin Hairston, a minor about eighteen years old, by-his father as his next friend, and by his father on his own account, to recover damages to compensate a personal injury caused by a freight car of appellant’s train running over and crushing one of the boy’s feet. The suits were consolidated and tried together, and judgments for substantial sums — which, however, appellant does not complain against as-excessive — were rendered in both cases.
The evidence in the case is sharply conflicting, and no attempt is made to reconcile it. According to the boy, his injury…
2Cases cited2 opinions
- James v. StateSupreme Court of Arkansas · 1900
- Brown v. St. L., I. M. & S. Ry.Supreme Court of Arkansas · 1889
3Cited by9 opinions
- Buck Wilcoxon v. United StatesCourt of Appeals for the Tenth Circuit · 1956
- Arkansas Power & Light Co. v. HooverSupreme Court of Arkansas · 1931
- Teel v. StateSupreme Court of Arkansas · 1917
- Hall v. JonesSupreme Court of Arkansas · 1917
- State v. SantelloSupreme Court of Connecticut · 1935
4 more not listed; retrieve them via the Exa API.