Williams v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The testimony shows two brakemen came into the furniture car and saw the three boys sitting in a position of extreme danger and unaware of their peril. Defendant’s employees are charged with the duty of exercising ordinary care to avoid injuring persons in a place of danger. The testimony made out a prima facie case of negligence on their part.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The testimony shows two brakemen came into the furniture car and saw the three boys sitting in a position of extreme danger and unaware of their peril. Defendant’s employees are charged with the duty of exercising ordinary care to avoid injuring persons in a place of danger. The testimony made out a prima facie case of negligence on their part. One who withholds testimony within his power is subject to the presumption that if introduced it would be unfavorable to him. Note to Ann. Cases 1914 A., p. 917. Tbe exact…
1Opinion of the CourtMcCULLOCH, C. J.
This appeal is from a judgment of the circuit court of Pulaski County in two consolidated actions instituted against appellee for damages resulting from injuries, received by the appellant in one of the cases, and by appellant’s intestate in the other case, while riding on one of appellee’s freight trains. Williams, the appellant in one of the cases, was seriously injured, and G-raham, appellant’s intestate in the other case, received injuries which resulted in his death. The trial court gave a peremptory instruction in favor of appellee, and the only question before us for consideration is…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. ReedSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Forsythe v. Shryack-Thom Grocery Co.Supreme Court of Missouri · 1920
- Missouri Pacific Railroad v. Hancock & BuchananSupreme Court of Arkansas · 1938
- Missouri Pac. Railroad Co. v. PatySupreme Court of Arkansas · 1931
- Missouri Pacific Railroad v. Hancock & BuchananSupreme Court of Arkansas · 1938