Legal Opinion

Oliver v. Ft. Smith Light & Traction Co.

Supreme Court of Arkansas

Decided January 25, 1909PublishedCited by 6 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, judge; statement by The court. The abstract of appellant sets up the following: “The complaint charges that the defendant is a domestic corporation, operating a street railway. That on October 23, 1907, plaintiff took passage and became a passenger on defendant’s car in Fort Smith. That all the seats were full, and plaintiff was compelled to .ride on the .running board, or long step of the car.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, judge; statement by The court. The abstract of appellant sets up the following: “The complaint charges that the defendant is a domestic corporation, operating a street railway. That on October 23, 1907, plaintiff took passage and became a passenger on defendant’s car in Fort Smith. That all the seats were full, and plaintiff was compelled to .ride on the .running board, or long step of the car. That, by reason of the fault and negligence of the defendant in allowing .its car to become overloaded and in operating the same…

1Opinion of the Court

Wood, J.,

(after stating the facts.) Rule nine requires the appellant to file “an abstract or abridgment of the transcript setting forth the material parts of the pleadings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of all questions presented to this court for decision. The abstract shall contain full references to the pages of the transcript.”

The abstract above set forth is a strict compliance with the above rule. The court directed a verdict for appellee on the facts. It was only necessary for…

2Cases cited3 opinions

  1. Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
  2. Elliott v. Newport Street Railway Co.Supreme Court of Rhode Island · 1893
  3. Beavers v. Security Mutual InsuranceSupreme Court of Arkansas · 1905

3Cited by6 opinions

  1. Graham v. ThrallSupreme Court of Arkansas · 1910
  2. Arkansas Power & Light Co. v. MartSupreme Court of Arkansas · 1933
  3. Beach v. Eureka Traction Co.Supreme Court of Arkansas · 1918
  4. Butler v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1932
  5. Morton v. LintonSupreme Court of Arkansas · 1917

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