St. Louis, Iron Mountain & Southern Railway Co. v. Rogers
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. The evidence fails to show such negligence as to make the company liable, and does show an assumed risk and such negligence on part of plaintiff as to preclude recovery. Negligence must be shown affirmatively. 79 Ark. 76; 57 Ark. 461; 26 Cyc. 1202-3-4; 116 Fed. 627; 106 Fed. 645; 1 Am.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. The evidence fails to show such negligence as to make the company liable, and does show an assumed risk and such negligence on part of plaintiff as to preclude recovery. Negligence must be shown affirmatively. 79 Ark. 76; 57 Ark. 461; 26 Cyc. 1202-3-4; 116 Fed. 627; 106 Fed. 645; 1 Am. St. 22. Contributory negligence bars a recovery. 63 Ark. 427. 2. Specific objections were made to those instructions which direct a verdict for plaintiff when the question of assumed risk was entirely ignored. 20 S. W. 271; 81 Id. 204; 77 Ark. 307; 87…
1DissentWood, J.
The rule by which to determine the correctness of- a single instruction, or the charge of a trial court as a whole, is announced in the opinion as follows: “An instruction which ignores a material issue in the case, about which the evidence is conflicting, and allows the jury to find a verdict without considering that issue, is misleading and prejudicial, even though another instruction which correctly presents that issue is found in other parts of the charge. Where the instructions are thus conflicting, it is impossible for an appellate court to tell which of them the jury followed, and such…
2Cases cited6 opinions
- Raysdon v. TrumboSupreme Court of Missouri · 1873
- Arkansas Midland Railroad v. RamboSupreme Court of Arkansas · 1909
- Reese v. BeckSupreme Court of Alabama · 1854
- Adams v. RobertsSupreme Court of the United States · 1844
- Miller v. Davis & McKinneyAppellate Court of Illinois · 1892
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