Legal Opinion

Miller v. Fort Smith Light & Traction Co.

Supreme Court of Arkansas

Decided October 21, 1918PublishedCited by 10 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE EACTS. Ruby Miller sued the Ft. Smith Light & Traction Company to recover damages for personal injuries sustained by her in ,a collision between an automobile owned and operated by her husband and a street car of the defendant which she alleges occurred on account of the negligence of the defendant’s servants in operating its street car.

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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE EACTS. Ruby Miller sued the Ft. Smith Light & Traction Company to recover damages for personal injuries sustained by her in ,a collision between an automobile owned and operated by her husband and a street car of the defendant which she alleges occurred on account of the negligence of the defendant’s servants in operating its street car. The defendant answered and denied negligence on its part and pleaded contributory negligence on the part of the plaintiff in bar of her recovery. The accident happened…

1Opinion of the Court

Hart, J.,

(after stating the facts). 1. It is first insisted that the court erred in permitting the defendant to read to the jury as evidence the motion for a continuance in the case of T. H. Miller v. Ft. Smith Light & Traction Company. It appears from the record that T. H. Miller was the husband of Ruby Miller, and had also brought suit against the defendant for injuries, received by him in the same accident. His case was set for trial first, and the defendant filed a motion for .a continuance, which the court announced would be granted unless the testimony referred to in the motion for a…

2Cases cited4 opinions

  1. Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
  2. Carter v. BrownSupreme Court of Arkansas · 1918
  3. St. Louis & San Francisco Railroad v. McFallSupreme Court of Arkansas · 1905
  4. Fort Smith Light & Traction Co. v. HendricksonSupreme Court of Arkansas · 1916

3Cited by10 opinions

  1. Benson v. StateSupreme Court of Arkansas · 1921
  2. Johnson v. NewmanSupreme Court of Arkansas · 1925
  3. Watt v. United StatesDistrict Court, E.D. Arkansas · 1954
  4. Albritton, Admr. v. C. M. Ferguson SonSupreme Court of Arkansas · 1938
  5. Roach v. ScottSupreme Court of Arkansas · 1923

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