Burke Construction Co. v. St. Louis & San Francisco Railroad
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE PACTS. This is an action by the appellant against the appellee to recover damages for the alleged destruction of a certain steam shovel and steam shovel boom. ’ The appellant alleged that it delivered the shovel and boom to the appellee for carriage from Fort Smith to Riverton, according to the contract for shipment, and that they were worth the sum of $6,000, for which the appellant…
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE PACTS. This is an action by the appellant against the appellee to recover damages for the alleged destruction of a certain steam shovel and steam shovel boom. ’ The appellant alleged that it delivered the shovel and boom to the appellee for carriage from Fort Smith to Riverton, according to the contract for shipment, and that they were worth the sum of $6,000, for which the appellant asked judgment. The appellee admitted that it received the shovel and boom and admitted the contract for shipment and…
1Opinion of the Court
WOOD, J.,
(after stating the facts). One of the grounds of motion for new trial is that the verdict “is contrary to and not supported by the evidence.”
Counsel for appellant, in both their brief and oral argument, strongly urge that the judgment be reversed, because there was no evidence to sustain the verdict, and because same was based only upon conjecture.
But, after a careful consideration of the facts which the testimony tended to prove, as above set forth, we have reached the conclusion that there was evidence to sustain the verdict. There was testimony that at the time the wreck occurred…
2Cases cited3 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. BurrowSupreme Court of Arkansas · 1909