Lamden v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Mrs. Zella Crutchfield brought suit for damages for personal injuries received in a wreck of appellant’s passenger train, upon which she was a passenger, in April, 1913, and the railroad company admitted she was a passenger; denied that its negligence caused the wreck and injury; that she wa.s injured as claimed; and set up, as a further defense a full release, signed by Zella Lawson, who, it…
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Appeal from Cleveland Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Mrs. Zella Crutchfield brought suit for damages for personal injuries received in a wreck of appellant’s passenger train, upon which she was a passenger, in April, 1913, and the railroad company admitted she was a passenger; denied that its negligence caused the wreck and injury; that she wa.s injured as claimed; and set up, as a further defense a full release, signed by Zella Lawson, who, it alleged, was Zella Crutchfield. Mrs. Zella Crutch-field died in July, 1913, and the suit was revived in the name of her…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant, administrator, contends that the court erred in declaring Mabel Lawson an incompetent witness, and in directing a verdict in favor of the railway company.
When Mabel- Lawson, twelve years of age, was 'Offered as a witness, she was first examined by the attorneys 'and then by the court, and again examined by the attorneys and the court, and, not appearing to understand the obligation of an oath, held incompetent to testify.(1) In civil cases infants under the age of ten years, and over that age, if incapable of understanding the obligation of an…
2Cases cited7 opinions
- Barringer v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Railway Co. v. MitchellSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. CampbellSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Insured Lloyds v. MayoSupreme Court of Arkansas · 1968
- Arkansas State Highway Commission v. OrmondSupreme Court of Arkansas · 1969
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Alldread v. MillsSupreme Court of Arkansas · 1947
- Smith v. Rhode Island Co.Supreme Court of Rhode Island · 1916
9 more not listed; retrieve them via the Exa API.