Miles v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
’Appeal from Hot Spring Circuit Court; William H. Evans, Judge; statement by the court. This was a suit by Tom M. Miles, as administrator of the estate of Mary Ellen Miles, to recover for damages alleged to be due the estate on account of the alleged negligent killing of Mary Ellen Miles by the appellee.
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’Appeal from Hot Spring Circuit Court; William H. Evans, Judge; statement by the court. This was a suit by Tom M. Miles, as administrator of the estate of Mary Ellen Miles, to recover for damages alleged to be due the estate on account of the alleged negligent killing of Mary Ellen Miles by the appellee. It is alleged; “That the said Mary Ellen Miles was boarding said train as a passenger with her mother, and that she was lifted up on the platform of the caboose by her mother, and just after she was lifted up on the platform her mother turned around to pick up her grip, which she had set down…
1Opinion of the Court
Wood, J.,
(after stating ifche facts). First. The court refused to allow the wife of the appellant to testify, on the express ground that she was not a competent witness. The question therefore as to whether her testimony, if allowed, would have been material and prejudicial is not presented. “Where a witness is rejected on the ground of incompetency, it must be presumed that the witness would have been rejected, no matter how material the evidence might have been.” Rickerstricker v. State, 31 Ark. 208. Moreover, if, as the record shows, her testimony would have tended to prove that Mary Ellen…
2Cases cited21 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- N. & W. R. R. v. Groseclose's Adm'rSupreme Court of Virginia · 1891
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
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3Cited by15 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- Lucas v. Mississippi Housing Authority No. 8Mississippi Supreme Court · 1983
- Triangle Lumber Co. v. AcreeSupreme Court of Arkansas · 1914
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