Little Rock & Fort Smith Ry. Co. v. Eubanks
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. 1. The evidence fails to show that there was any defect in the track at the time the accident occurred. 2. Testimony as to defects before or after the accident were not admissible. The testimony should have been confined to the time and place of the accident. 38 Mieh.t 541; 6 Cush., 396; 58 Barb., 869; 69 Me., 174; 89 Up. Can., Q. B., 864; 8 Or., 174; 8 Am. and Eng. By. Cases, 464; 1 Greenl.
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APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. 1. The evidence fails to show that there was any defect in the track at the time the accident occurred. 2. Testimony as to defects before or after the accident were not admissible. The testimony should have been confined to the time and place of the accident. 38 Mieh.t 541; 6 Cush., 396; 58 Barb., 869; 69 Me., 174; 89 Up. Can., Q. B., 864; 8 Or., 174; 8 Am. and Eng. By. Cases, 464; 1 Greenl. Ed., see. 58; ib., 448; L. B. Sf F. S. By. v. Cavaness, MS. 3. The seventh instruction asked by defendant is unquestionably the law. It is…
1Opinion of the CourtSmith, J.
Appellee, as administratrix of J. C. Eubanks, sued appellant in the Eranklin circuit court, alleging that she was the mother of the deceased, and administratrix, etc. That on the 7th day of October, 1884, her intestate was employed under a contract as brakeman on appellant’s railway, and that on or before that time appellant’s railway at the town of Ozark was in a defective condition, in this : “The defendant had constructed on its said road, and as a part of it on the track thereof at said pláce, a ‘switch’ and a ‘frog,’ which was so worn, ill-constructed and defective as to render it uusafe…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Probst v. . DelamaterNew York Court of Appeals · 1885
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- Wentern & Atlantic Railroad v. BishopSupreme Court of Georgia · 1873
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3Cited by36 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Cappaert v. JunkerMississippi Supreme Court · 1982
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
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