Legal Opinion

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

Supreme Court of Arkansas

Decided May 10, 1909PublishedCited by 15 opinions

Appeal from Hot Spring Circuit Court; William H. Bvans, Judge; 1. Following the American rule, the matters which go to prove the opposite party’s prima facie case, as made up by his witnesses, may properly be gone into -on cross examination. 7 Nev. 385; 9 So. Dak. 301; 133 Cal. 285; Reece v. Bell, 138 Cal.

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Appeal from Hot Spring Circuit Court; William H. Bvans, Judge; 1. Following the American rule, the matters which go to prove the opposite party’s prima facie case, as made up by his witnesses, may properly be gone into -on cross examination. 7 Nev. 385; 9 So. Dak. 301; 133 Cal. 285; Reece v. Bell, 138 Cal. And it was proper to permit a full cross examination regarding the subject-matter of the examination in chief in the light of all its bearings. 74 Vt. 331; 73 Conn. 743; 115 la. 48; 92 Md. 483; 26 Ind. App. 307; 53 Atl. (Md.) 720; 52 Conn. 818; 43 W. Va. 196; 175 Ba. St. 361; 25 Wash. 518.…

1Opinion of the CourtFrauenthal, J.

On June 16, 1907, J. F. Raines attempted to cross the defendant’s railway track at a stockguard located about one-half mile from its station, Gifford; and his foot got caught in the stockguard, so that he could not extricate it, and he was run over and killed by defendant’s passenger train. The plaintiff, as the administrator of his estate, instituted this suit for the benefit of his widow and next of kin for the sum of $10,000 damages.

There was a former trial of the case in the circuit court, which resulted m a judgment in favor of the plaintiff; and the defendant took an appeal therefrom to…

2Cases cited11 opinions

  1. Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
  2. Wills v. RussellSupreme Court of the United States · 1880
  3. Davis v. CoblensSupreme Court of the United States · 1899
  4. St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
  5. Shorter University v. FranklinSupreme Court of Arkansas · 1905

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3Cited by15 opinions

  1. St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
  2. Dyas v. StateSupreme Court of Arkansas · 1976
  3. Arkansas Power & Light Co. v. HooverSupreme Court of Arkansas · 1931
  4. Beaumont v. J. H. Hamlen & SonSupreme Court of Arkansas · 1935
  5. St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911

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