Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Drumright

Supreme Court of Arkansas

Decided April 20, 1914PublishedCited by 4 opinions

Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The testimony as to the location, etc., of the wash place had no connection with this case at all, and its admission only tended to confuse and mislead the jury. It should have been excluded. 2. The argument of appellee’s attorney was not justified by the evidence.

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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The testimony as to the location, etc., of the wash place had no connection with this case at all, and its admission only tended to confuse and mislead the jury. It should have been excluded. 2. The argument of appellee’s attorney was not justified by the evidence. There was no proof that appellant had any control over the men, but, on the contrary, that the State retained the right to control their labor, and that they were in charge of wardens selected by the State. This argument was such an abuse of counsel’s privilege as should…

1Opinion of the CourtMcCulloch, C. J.

This appeal is from a judgment of the circuit court of Hot Spring County in favor of appellee for damages on account of personal injuries inflicted by one of appellant’s trains while being operated in or near the yards in Argenta.

Appellee was a State convict at the time he received his injuries, having been convicted of criminal homicide and sentenced to a term in the State penitentiary, but has been pardoned since the date of his injury. He was sixty-six years of age at the time, and was a carpenter by trade.

The convicts, or, at least, a considerable portion of them, were hired to one Reaves…

2Cited by4 opinions

  1. Briley v. WhiteSupreme Court of Arkansas · 1946
  2. Mo. Pac. Ry. Co., Thompson v. Shell, Admx.Supreme Court of Arkansas · 1945
  3. Nice v. Zhri, Inc.District Court, E.D. Arkansas · 2000
  4. Hughes v. StateSupreme Court of Arkansas · 1922

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