St. Louis, Iron Mountain & Southern Railway Co. v. Evans
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY TI-IE COURT. Mrs. Mattie Evans as administratrix of the estate of Her deceased son, Steve Evans, brought suit against the S't. Louis, Iron Mountain & Southern Railway Company to recover damages for the benefit of the estate and next of kin for the death of Steve Evans, which was caused by the wreck of the passenger train of the defendant company.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY TI-IE COURT. Mrs. Mattie Evans as administratrix of the estate of Her deceased son, Steve Evans, brought suit against the S't. Louis, Iron Mountain & Southern Railway Company to recover damages for the benefit of the estate and next of kin for the death of Steve Evans, which was caused by the wreck of the passenger train of the defendant company. Steve Evans resided with his mother in Pine Bluff, Arkansas, and was 22 years old at the time of his death. On the 18th day of September, 1909, he left home about 11 o’clock p. m. to…
1Opinion of the Court
Hart, J.,
(after stating the facts): Counsel for defendant assign as error the action of the court in giving the following instruction:
“4. You are instructed that the preponderance of evidence does not mean the greater number of witnesses, but it means the evidence that appears to you as most probably true and which, after a careful consideration of all the facts and circumstances in the case, appears to you of greater weight than the evidence offered on the other side, that is, the evidence which preponderates and has no reference to the number of witnesses.”
We do not think the defendant was…
2Cases cited4 opinions
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. GlossupSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Kansas City Southern Ry. Co. v. ClintonCourt of Appeals for the Eighth Circuit · 1915
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921
- Victora Bank of Strong v. WestSupreme Court of Arkansas · 1925