St. Louis & San Francisco Railway Co. v. Stewart
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; STATEMENT OE EAOTS. R. M. Stewart while riding in his automobile across a public railroad crossing in the town of Turrell, was struck by a south-bound passenger train of the St. Louis-San Francisco Railway Company and severely injured and his automobile badly damaged. He sued the railway company to recover damages.
Read the full summary
Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; STATEMENT OE EAOTS. R. M. Stewart while riding in his automobile across a public railroad crossing in the town of Turrell, was struck by a south-bound passenger train of the St. Louis-San Francisco Railway Company and severely injured and his automobile badly damaged. He sued the railway company to recover damages. The material facts are as follows: On the 6th day of December, 1917, R. M. Stewart, superintendent of an oil mill at Marianna, Arkansas, and N. B. Rice, night superintendent of an oil mill at Forrest City, Arkansas, left…
1Opinion of the CourtHart, J.
(after stating the facts). The only assignment of error relied upon for a reversal of the judgment is that the evidence is not legally sufficient to warrant the verdict. The deficiency in this respect claimed by the counsel for the defendant is, that the testimony of the plaintiff was contrary to the physical facts and that the court should have directed the jury to have returned a verdict for the defendant. Under the settled rules of this court, we must uphold a verdict on appeal if there is any substantial evidence to support it. Where the facts are undisputed and by applying to them the…
2Cases cited7 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. BrittonSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. GunnSupreme Court of Arkansas · 1914
- Louisiana & Arkansas Railway Co. v. RatcliffeSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Missouri Pac. R.R. Co., Thompson, Trustee v. HowardSupreme Court of Arkansas · 1942
- Murphy v. MurphySupreme Court of Arkansas · 1920
- Mo. Pac. Railroad Co., Thompson v. BinkleySupreme Court of Arkansas · 1945
- Brown v. Chicago, R. I. & P. R. Co.District Court, N.D. Iowa · 1952
- Cook v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923
4 more not listed; retrieve them via the Exa API.