Legal Opinion

Arkansas Central Railroad v. Morgan

Supreme Court of Arkansas

Decided May 7, 1917PublishedCited by 7 opinions

Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. There was misconduct of certain members of the jury and the attorneys for plaintiff. 62 Ark. 91; 27 Okla. 373; 16 Tex. Civ. App. 127; 11 Ga. 203; 17 Id. 364, 414; 7 Phila. 167; 15 Neb. 330; 18 N. W. 73; 23 Neb. 171; 36 N. W. 583; 12 Kans. 539; 51 Ind. 299; 8 Oh.

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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. There was misconduct of certain members of the jury and the attorneys for plaintiff. 62 Ark. 91; 27 Okla. 373; 16 Tex. Civ. App. 127; 11 Ga. 203; 17 Id. 364, 414; 7 Phila. 167; 15 Neb. 330; 18 N. W. 73; 23 Neb. 171; 36 N. W. 583; 12 Kans. 539; 51 Ind. 299; 8 Oh. C. C. 244; 45 Fed. 542; 13 111. App. 653; 12 Id. 531; 2 Idaho, 1022; 34 Ga. 379; 29 Cyc. 803. 2. The court erred in refusing to give peremptory instruction requested by defendant. The evidence shows no liability whatever. 60 Ark. 429; 46 Id. 513. 3. The court…

1Opinion of the Court

Smith, J.(1) Appellee is a deaf-mute, and sustained a serious injury by being run down by a motor car, operated by appellant’s employees. This appeal is prosecuted to reverse the judgment in his favor for $1,500, which he recovered in his suit for damages. The case was tried upon the theory that his presence and peril was discovered by the operatives of the motor car in time to avoid injuring him. In the first instruction given by the court, the jury was told, as a matter, of law, that appellee was a trespasser, and that the.railroad company owed him no affirmative duty to take care of him,…

2Cases cited4 opinions

  1. St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
  2. Garvin v. HarrellSupreme Court of Oklahoma · 1910
  3. Springer v. StateSupreme Court of Georgia · 1866
  4. St. Louis Southwestern Railway Co. v. MurphySupreme Court of Arkansas · 1916

3Cited by7 opinions

  1. Union Pacific Railroad v. BarberSupreme Court of Arkansas · 2004
  2. Robert E. Fleming v. Albert L. LawsonCourt of Appeals for the Tenth Circuit · 1956
  3. Northern Arizona Supply Co. v. StinsonArizona Supreme Court · 1951
  4. Miller v. MarshNew Mexico Supreme Court · 1948
  5. Union Pacific Railroad v. BarberSupreme Court of Arkansas · 2004

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