St. Louis, Iron Mountain & Southern Railway Co. v. Brogan
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. . Appellee was in the employ of the appellant as a locomotive fireman. On October 17, 1911, he was engaged in firing on a locomotive engine in the Argenta yards while switching' freight cars. He had never before worked in that yard as a switch engine fireman, nor had he ever worked as a switch engine fireman on any other road. He was not familiar with the tracks in the Argenta yards.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. . Appellee was in the employ of the appellant as a locomotive fireman. On October 17, 1911, he was engaged in firing on a locomotive engine in the Argenta yards while switching' freight cars. He had never before worked in that yard as a switch engine fireman, nor had he ever worked as a switch engine fireman on any other road. He was not familiar with the tracks in the Argenta yards. He had been firing on the main line of the Iron Mountain until he was called on the night of October 17 to fire on the switch…
1Opinion of the Court
Wood, J.,
(after stating the facts). The appellant contends that the verdict was excessive, caused “partially at-least by the exploitation” in the testimony of a “disagreement amongst the doctors who treated appellee at the hospital and those treating him after he left the hospital as to whether his injuries were properly treated at the hospital, and as to the present and future results of his injuries as affected by that treatment.”
The testimony of physicians on behalf of appellee, one of whom had treated him for twelve days preceding the trial, tended to show that when they examined appellee…
2Cases cited12 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
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- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
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- Wichita Falls S. R. Co. v. HolbrookCourt of Appeals of Texas · 1932
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