St. Louis, Iron Mountain & Southern Railway Co. v. Webster
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. The court erred in refusing to grant a continuance. 66 Ark. 278; 59 Ark. 169; Pomeroy, Rem. Rights, § 554; 75 Ark. 3^9; 372; 74 Ark. 159; 85 Ark. 334; 67 Ark. 142. 2. The depositions of Doctors Bentley and Barlow should have been suppressed. 3. The evidence was not sufficient to sustain a verdict against appellant.
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Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. The court erred in refusing to grant a continuance. 66 Ark. 278; 59 Ark. 169; Pomeroy, Rem. Rights, § 554; 75 Ark. 3^9; 372; 74 Ark. 159; 85 Ark. 334; 67 Ark. 142. 2. The depositions of Doctors Bentley and Barlow should have been suppressed. 3. The evidence was not sufficient to sustain a verdict against appellant. The burden was on appellee to show negligence, i. e., the want of reasonable care and diligence on the part of appellant with reference to the hand hold', and this burden was not shifted by proof of the injury. On the…
1DissentWood, J.
First. The court should have given prayer for instruction No. 6 requested by appellant, which is as follows: “If the plaintiff knew that Bryant was not a point at which defendant kept an inspection, and plaintiff, either in entering or remaining in the service of the defendant,' had assumed the duty of inspecting or seeing for himself at such a point that the grab-irons on cars delivered there to defendant by another line were safe and failed to do so, but attempted to use the grab-iron without ascertaining whether it was safe or not, and fell and was injured, your verdict should be for the…
2Cases cited30 opinions
- Little Rock v. North Little RockSupreme Court of Arkansas · 1904
- Birdwell v. CoxTexas Supreme Court · 1857
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Haney v. CaldwellSupreme Court of Arkansas · 1879
- Bennett v. WorthingtonSupreme Court of Arkansas · 1866
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