Hines v. Patterson
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Geo. R. Haynie, Judge; . 1. The court erred in excluding the evidence of the conductor, J. J. Myers. 80 Ark. 528. It was a statement made in the presence of the plaintiff, her uncle and physician, and was not denied by either of them.
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Appeal from Little River Circuit Court; Geo. R. Haynie, Judge; . 1. The court erred in excluding the evidence of the conductor, J. J. Myers. 80 Ark. 528. It was a statement made in the presence of the plaintiff, her uncle and physician, and was not denied by either of them. It was a statement directly in conflict with the rights and contentions of the plaintiff, and no response was made by her, and such statements are competent and admissible. 1 Elliott on Evidence,' § 221; 47 So. Rep. 279; 181 111. App. 30; 182 S. W. 495. 2. The court should have directed a verdict for defendants, as there…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellants in the Miller Circuit Court to recover damages in the sum of $2,950 on account of an injury received while, alighting from appellant’s passenger train at Wilton, Arkansas, resulting from the alleged negligence of its employees in failing to render proper assistance.
Appellants filed answer, denying the injury or any negligence on the part of its employees in failing to render assistance to appellee in alighting* from the train.
The cause was submitted to a jury upon the pleadings, evidence and instructions of the court, which resulted in a verdict and…
2Cases cited3 opinions
- Missouri Pacific Railroad v. AultSupreme Court of Arkansas · 1919
- Kansas City Southern Railway Co. v. CobbSupreme Court of Arkansas · 1915
- A. L. Clark Lumber Co. v. St. ConerSupreme Court of Arkansas · 1911
3Cited by8 opinions
- Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
- Carney v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1968
- Reynolds v. W. T. Grant Co.West Virginia Supreme Court · 1936
- Mo. Pac. R.R. v. HarelsonSupreme Court of Arkansas · 1964
- Arkansas Land & Lumber Co. v. CookSupreme Court of Arkansas · 1923
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