Pine Bluff Co. v. Webb
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W, B. Sorrells, Judge; 1. The court erred in giving instructions 1, 2, 3 and 4 for plaintiff and in refusing No. 6 for defendant, as requested, and in modifying it. 99 Ark. 384; 83 Id. 61; 122 Id. 272; 123 Id. 594. Deceased’s own negligence directly contributed to the injury, and there could be no recovery. lb.-, 108 Ark. 95 (108); 36 Cyc. 1537; 72 Ark. 572; 27 A. & Eng. Enc. Law (2 ed.) 63-72; 24 Atl. 596; Booth, St. Ry.
Read the full summary
Appeal from Jefferson Circuit Court; W, B. Sorrells, Judge; 1. The court erred in giving instructions 1, 2, 3 and 4 for plaintiff and in refusing No. 6 for defendant, as requested, and in modifying it. 99 Ark. 384; 83 Id. 61; 122 Id. 272; 123 Id. 594. Deceased’s own negligence directly contributed to the injury, and there could be no recovery. lb.-, 108 Ark. 95 (108); 36 Cyc. 1537; 72 Ark. 572; 27 A. & Eng. Enc. Law (2 ed.) 63-72; 24 Atl. 596; Booth, St. Ry. Law, § 303, and cases cited. 2. The verdict is not sustained by the evidence, and the law was not correctly stated in the court’s…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant owns and operates the street railway system in the City of Pine Bluff, and appellee’s intestate, R. J. Preston, died from personal injuries inflicted in a collision with one of appellant’s street cars. This is an action instituted by appellee to recover damages for the benefit of the estate and the next of kin, and in the trial of the case before a jury there was a verdict in appellee’s favor for the recovery of a small sum on each branch of the case.
The collision occurred at the intersection of Sixth Avenue and Oak Street. The street cars run along Sixth Avenue, and Preston was, at…
2Cases cited5 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Pankey v. Little Rock Railway & Electric Co.Supreme Court of Arkansas · 1915
- Little Rock Railway & Electric Co. v. SledgeSupreme Court of Arkansas · 1913
- Karnopp v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Pine Bluff Co. v. CrunkSupreme Court of Arkansas · 1917
3Cited by1 opinion
- Yaffee v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1922