Fourche River Valley & Indian Territory Railway Co. v. Tippett
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robert J. Lea, Judge; STATEMENT BY THE COURT. Appellant was engaged in operating log trains on its railway, and appellee was a brakeman on one of its trains. The log train consisted of an engine and tender, a string of log cars, and then a trailer and passenger coach. Appellee testified that he was the rear brakeman, and that his duties were, when coming down hill, to help set and take off brakes.
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Appeal from Perry Circuit Court; Robert J. Lea, Judge; STATEMENT BY THE COURT. Appellant was engaged in operating log trains on its railway, and appellee was a brakeman on one of its trains. The log train consisted of an engine and tender, a string of log cars, and then a trailer and passenger coach. Appellee testified that he was the rear brakeman, and that his duties were, when coming down hill, to help set and take off brakes. It was his duty to make the uncoupling from fihe passenger and log cars. The uncoupling on the day of the injury to appellee was made on a trestle about 18 or 20…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The court did not err in refusing to direct a verdict in favor of appellant. While the testimony on behalf of appellant was directly in conflict with that of appellee, it was the province of the jury to accept and believe the testimony of appellee rather than the testimony of the witnesses on behalf of appellant, and the only question here is, was the evidence sufficient to sustain a verdict? We are of the opinion that the testimony of appellee, which the jury believed, was sufficient to show that the injury to appellee was caused by the negligence of…
2Cases cited13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. Louis, I. M. & S. Railway Co. v. FreemanSupreme Court of Arkansas · 1880
- Johnson v. StewartSupreme Court of Arkansas · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Railways Ice Co. v. HowellSupreme Court of Arkansas · 1915
- Holmes v. Clear Weave Hosiery Stores, Inc.Supreme Court of New Hampshire · 1949
- Missouri Pacific Railroad v. Coca Cola Bottling Co.Supreme Court of Arkansas · 1922