St. Louis, Iron Mountain & Southern Railway Co. v. Vaughan
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, -Second Division; Guy Fulk, Judge; It was error to give the 5th instruction for the plaintiff. It is directly opposed to the law as declared by this court. 95 Ark. 506; 105 Id. 623. This error was not cured by giving instruction No. 4, for defendant which correctly states the law. These instructions are conflicting and this court can not say which the jury followed in arriving at their verdict.
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Appeal from Pulaski Circuit Court, -Second Division; Guy Fulk, Judge; It was error to give the 5th instruction for the plaintiff. It is directly opposed to the law as declared by this court. 95 Ark. 506; 105 Id. 623. This error was not cured by giving instruction No. 4, for defendant which correctly states the law. These instructions are conflicting and this court can not say which the jury followed in arriving at their verdict. The two instructions do not conflict in any sense, but taken separately or together give the jury the opportunity of judging whether defendant’s agents and servants…
1Opinion of the Court
McCulloch, 'C. J.
This is an action instituted by the plaintiff, Louis Vaughan, against the St. Louis, Iron Mountain & ¡Southern Bailway Company to recover damages alleged to have been sustained by reason of the misconduct of ¡servants of the defendant in wrongfully causing the plaintiff to be arrested by a policeman and ejected from a train at Little Bock.
The plaintiff had been working at Argenta and boarded one of ¡defendant’s passenger trains at the Union Station in Little Bock about 11:30 o’clock one night, with the intention óf going to Jacksonville, a station north of Little Bock. He…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WatersSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HudsonSupreme Court of Arkansas · 1910
3Cited by1 opinion
- Memphis, Dallas & Gulp Railroad v. TrussellSupreme Court of Arkansas · 1916