St. Louis Southwestern Railway Co. v. Britton
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Geo. W. Hays, Judge; STATEMENT BY THE COURT. Willa Britton instituted this action against the St. Louis Southwestern Railway Company to recover damages for personal injuries alleged to have been caused by the negligence of the railway company while she was riding as a passenger on one of its trains. She originally brought an action in the Federal court where there was a verdict and judgment in her favor.
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Appeal from Calhoun Circuit Court; Geo. W. Hays, Judge; STATEMENT BY THE COURT. Willa Britton instituted this action against the St. Louis Southwestern Railway Company to recover damages for personal injuries alleged to have been caused by the negligence of the railway company while she was riding as a passenger on one of its trains. She originally brought an action in the Federal court where there was a verdict and judgment in her favor. The Circuit Court of Appeals reversed the judgment on the ground that the testimony tending to support her cause of action was opposed to the physical…
1Opinion of the Court
Hart, J.,
(after stating the facts). The principal ground relied upon by counsel for appellant to reverse the judgment in this case is that the evidence is not legally sufficient to support the verdict, or to put it in a different form, that the court should have directed a verdict for the defendant. Under the provision of the Constitution that “judges shall not charge juries with regard to matters of fact but shall declare the law,” it has been repeatedly held that the circuit court has no power to determine the facts of the case and direct a verdict for either party, even though if returned…
2Cases cited2 opinions
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Little Rock & Fort Smith Railway Co. v. HensonSupreme Court of Arkansas · 1882
3Cited by21 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Hawkins v. Missouri Pacific RailroadSupreme Court of Arkansas · 1950
- West v. StateSupreme Court of Arkansas · 1973
- Green v. StateSupreme Court of Arkansas · 2000
- Fuller v. StateSupreme Court of Arkansas · 1950
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