St. Louis Southwestern Railway Co. v. Myzell
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Mugene Lankford, Judge; 1. In view of the conflict in the evidence as to appellee’s conduct at the time, whether or not he was boisterous and profane, it was competent, and material to appellant’s defense, to prove his conduct generally when in a drunken condition; and it was error to exclude such testimony. 56 Ark. 37. 2. The third instruction is erroneous in stating an amount which the jury may find. 58 Ark. 136. Also because the evidence…
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Appeal from Lonoke Circuit Court; Mugene Lankford, Judge; 1. In view of the conflict in the evidence as to appellee’s conduct at the time, whether or not he was boisterous and profane, it was competent, and material to appellant’s defense, to prove his conduct generally when in a drunken condition; and it was error to exclude such testimony. 56 Ark. 37. 2. The third instruction is erroneous in stating an amount which the jury may find. 58 Ark. 136. Also because the evidence does not support a finding for exemplary damages. A corporation cannot be held for such damages resulting from an act of…
1Opinion of the CourtHire, C. J.
Myzell was in Pine Bluff, having his hand treated for cancer thereon, and took a train on appellants railroad from that city-to his home at England. He paid the train auditor a cash fare, as he thought, to England, the auditor thought to Sherrill, an intermediate station; and after passing Sherrill an altercation arose between him and the auditor as to whether he had paid to England or only to Sherrill. The count of the money showed the auditor was right in this controvers}'’. The occurrence after he had paid a second time was thus described by Myzell: . “I said, T want to drop a thought with…
2Cases cited5 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Railway v. HallSupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. StampsSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. BoylesSupreme Court of Arkansas · 1906
- Saint Louis, Iron Mountain & Southern Railway Co. v. SnellSupreme Court of Arkansas · 1907
3Cited by9 opinions
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Kingrey v. WilsonSupreme Court of Arkansas · 1957
- Eagan v. O'MalleyWyoming Supreme Court · 1933
- Webb v. StateSupreme Court of Arkansas · 1921
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
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