Railway Company v. Dobbins
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. Action by Dobbins, by next friend, against the St. Douis Southwestern Railway. The facts are stated in the opinion. 1. It was error to refuse to let defendant’s counsel see the list of the eighteen jurors called after plaintiff had struck three names, in order that he might find what three jurors had been challenged by plaintiff. Sand. & H. Dig. sec. 4301. The argument in 151 U. S. 396 is fallacious.
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Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. Action by Dobbins, by next friend, against the St. Douis Southwestern Railway. The facts are stated in the opinion. 1. It was error to refuse to let defendant’s counsel see the list of the eighteen jurors called after plaintiff had struck three names, in order that he might find what three jurors had been challenged by plaintiff. Sand. & H. Dig. sec. 4301. The argument in 151 U. S. 396 is fallacious. When a juror is challenged, he should be required to stand aside. The practice is universal in this State for the plaintiff to be first…
1Opinion of the Court
Paul Dobbins, while a passenger on one of appellant's passenger cars, received injuries in a wreck caused by a collision between the passenger car and a freight car on the appellant's road at Crooked Bayou, which caused the car in which he was at the time to be thrown from the track into the bayou, by reason of which he received cuts in his forehead, bruises on his arm, a cut on one of his fingers, etc. He recovered judgment for $1,000, to reverse which the appeal was taken.
1. Practice as to impaneling jury.
The first proposition argued by the counsel for appellant is, the court erred in…
2Cases cited1 opinion
- Sibley v. SmithSupreme Court of Arkansas · 1885
3Cited by16 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- City of Ottawa v. GillilandSupreme Court of Kansas · 1901
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
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