Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Fuqua

Supreme Court of Arkansas

Decided July 6, 1914PublishedCited by 30 opinions

Appeal from Deslia, Circuit Court; Antonio B. Grace, Judge; 1. Doctor Smith should have been permitted to answer the questions propounded to him, the first three of which did not call for. any information acquired from the patient while attending her in a professional capacity .and necessary to enable him to prescribe for her; and as to the fourth question, whether it should have been answered or was privileged, depends upon whether it would disclose such information as was…

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Appeal from Deslia, Circuit Court; Antonio B. Grace, Judge; 1. Doctor Smith should have been permitted to answer the questions propounded to him, the first three of which did not call for. any information acquired from the patient while attending her in a professional capacity .and necessary to enable him to prescribe for her; and as to the fourth question, whether it should have been answered or was privileged, depends upon whether it would disclose such information as was necessary to enable him to prescribe. Kirby’s Dig., % 3098; 40 Cyc. 2384; 31 Ark. 684. 2. The court erred in not giving…

1Opinion of the CourtHart, J.

J. W. Fuqua, as administrator of the estate of Mrs. Ida Fuqua, instituted this action against the St-. Louis, Iron Mountain & Southern Railway Company to recover damages on account of the alleged negligence of said railway company in failing to provide a safe platform for its passengers. The railway company denied negligence, and alleged contributory negligence on the part of Mrs. Ida Fuqua. The facts proved by appellee, briefly stated, are as follows:

The depot platform of the railway company at Arkansas City is made of cinders and clinkers and the platform is about five feet higher than the…

2Cases cited3 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
  2. Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
  3. Arkansas Midland Railway Co. v. RobinsonSupreme Court of Arkansas · 1910

3Cited by30 opinions

  1. Freeman v. StateSupreme Court of Arkansas · 1975
  2. Harkrider v. CoxSupreme Court of Arkansas · 1959
  3. Coca Cola Bottling Co. v. ShippSupreme Court of Arkansas · 1927
  4. Wren v. D. F. Jones Construction CompanySupreme Court of Arkansas · 1946
  5. McChristian v. HootenSupreme Court of Arkansas · 1969

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