Plumlee v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Bugene Bankford, Judge; statement by the court. This action was commenced on October 20, 1903, and it was alleged that the plaintiff’s intestate was killed April 28, 1902, while in the service of the defendant as a section hand, by reason of a derailment of a handcar. It is alleged that the handcar was defective and unfit for use.
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Appeal from Monroe Circuit Court; Bugene Bankford, Judge; statement by the court. This action was commenced on October 20, 1903, and it was alleged that the plaintiff’s intestate was killed April 28, 1902, while in the service of the defendant as a section hand, by reason of a derailment of a handcar. It is alleged that the handcar was defective and unfit for use. The defendant admitted that the plaintiff’s intestate was killed at the time alleged, but denied that he was killed on account of the negligence of it, or its employees,, or on account of a defective handcar or track, and averred…
1Opinion of the Court
Hart, J.,
(after stating the facts.) 1. No exceptions were saved to the instructions of the court, and therefore, by a ■familiar rule of practice, error, if any occurred, was waived. Ray v. Light, 34 Ark. 421. There was sufficient testimony to support the verdict of the jury. This disposes of the first five assignments of error.
2. The 6th, 7th, '9th, 10th, nth, 13th, and 16th assignments of error are not well taken.
“The general rule is that the doctrine of surprise does not apply to the testimony of- witnesses of the opposite party, nor to evidence introduced by such party, where the same…
2Cases cited10 opinions
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Mutual Life Insurance v. ParrishSupreme Court of Arkansas · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Arkansas Amusement Corporation v. WardSupreme Court of Arkansas · 1942
- Superior Forwarding Co. v. SikesSupreme Court of Arkansas · 1961
- Cammack v. Southwestern Fire InsuranceSupreme Court of Arkansas · 1908
- Murphy v. WillisSupreme Court of Arkansas · 1920
7 more not listed; retrieve them via the Exa API.