St. Louis, Iron Mountain & Southern Railway Co. v. Hambright
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Hambright was a brakeman on a freight train, 'in the employ of the appellant railroad company, and on August 10, 1906, was knocked from his train by a defective water-spout at- Austin and seriously injured. He was taken to his home in Memphis, Tenn., where he was under the care of competent physicians of his own selection.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Hambright was a brakeman on a freight train, 'in the employ of the appellant railroad company, and on August 10, 1906, was knocked from his train by a defective water-spout at- Austin and seriously injured. He was taken to his home in Memphis, Tenn., where he was under the care of competent physicians of his own selection. Later, he went to the hospital of the railroad company in St. Louis, Mo., where he arrived on the 27th of September. He remained there under treatment for about two weeks, when he returned to…
1Opinion of the CourtHm, C. J.
(after stating the facts). I. Appellant says that the evidence is not sufficient to show that the plaintiff was either deceived or misled, or that any fraud was practiced on him in obtaining the settlement. In discussing this, it must be taken that the jury has accepted the testimony of Flambright and Phelps and rejected that of Outten and Jones; and the sufficiency of the evidence must be tested solely upon the accredited testimony.
In Houston & T. C. Ry. Co. v. Brown, 69 S. W. (Tex.) 651, an employee of the railroad company was injured, and was taken to a hospital, where 'he was treated by…
2Cases cited6 opinions
- Great Northern Ry. Co. v. FowlerCourt of Appeals for the Ninth Circuit · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Young v. StevensonSupreme Court of Arkansas · 1905
- Gauss Sons v. Doyle & Co.Supreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Kegel v. RunnelsCourt of Appeals for the Eighth Circuit · 1986
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
- Tiner v. StateSupreme Court of Arkansas · 1913
- Prince v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1950
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
35 more not listed; retrieve them via the Exa API.