Dickinson, Receiver Chicago, Rock Island & Pacific Ry. Co. v. McBride
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; 1. The continuance should have been granted. The accident occurred less than three months before that time; there were no broken bones, abrasions or other evidences of any injury, much less a permanent one. The jury could do no more than guess as to the extent of his injuries. We think the court abused its discretion in refusing a continuance.
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Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; 1. The continuance should have been granted. The accident occurred less than three months before that time; there were no broken bones, abrasions or other evidences of any injury, much less a permanent one. The jury could do no more than guess as to the extent of his injuries. We think the court abused its discretion in refusing a continuance. We offered to prove by doctors that there was no permanent injury. A continuance should have been allowed as it was impossible to determine in so short a time whether the…
1Opinion of the CourtHumphreys, J.
Appellee, J. F. McBride, instituted this suit in the Southern District of the Prairie Circuit Court, on the 25th day of February, 1916, against the appellant, Jacob M. Dickinson, receiver of the Chicago, Rock Island & Pacific Ry. Co., to recover damages on account of personal injury received while engaged as head brakeman in the operation of a freight train running from Brinkley to Hulbert, Arkansas, and obtained a judgment in said court for $20,000.00. Proper proceedings were had, and this cause is here on appeal.
No serious contention is made that appellant is not liable for some amount. The…
2Cases cited6 opinions
- Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
- McDaniel ad. v. CrosbySupreme Court of Arkansas · 1858
- Tobin v. JenkinsSupreme Court of Arkansas · 1874
- Taylor v. GumpertSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. OsborneSupreme Court of Arkansas · 1910
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3Cited by3 opinions
- Schwam v. ReeceSupreme Court of Arkansas · 1948
- Reddell v. NortonSupreme Court of Arkansas · 1956
- Larson v. RussellNorth Dakota Supreme Court · 1919