St. Louis, Iron Mountain & Southern Railway Co. v. Fisher
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; George M. Chapline, Judge; 1. • The court should have granted a continuance, (a) A continuance goes as a matter of right if the moving party complies with the requirements of the statute, and if the evidence for the production of which the continuance is sought is material— unless the adverse party will admit that the absent witnesses would testify as stated in the application.
Read the full summary
Appeal from Arkansas Circuit Court; George M. Chapline, Judge; 1. • The court should have granted a continuance, (a) A continuance goes as a matter of right if the moving party complies with the requirements of the statute, and if the evidence for the production of which the continuance is sought is material— unless the adverse party will admit that the absent witnesses would testify as stated in the application. Kirby’s Digest, § 6173. (b) The transcript having been filed and docketed within ten days of the commencement of the term'of court, the case was not triable at that term. Kirby’s…
1Opinion of the CourtHill, C. J.
The deceased, Fish, who was called Fisher, was one of a switching crew working with switch engine No. 722. A coupling was attempted to be made by the engine, and it failed, and Fisher went in between the cars to make the coupling, and the engine moved backwards two and one-half or three feet, and that movement caused him to become pinched between the bumpers, and he died some eighteen hours after the injury in consequence thereof.
The widow of Fisher became administratrix of his estate, and brought this suit, and recovered $1,000 for the estate for his pain and suffering, and $5,000 for the…
2Cases cited4 opinions
- Jackson v. StateSupreme Court of Arkansas · 1891
- Railway Co. v. SweetSupreme Court of Arkansas · 1893
- Pratt v. StateSupreme Court of Arkansas · 1905
- Gallaher v. StateSupreme Court of Arkansas · 1906
3Cited by1 opinion
- Texarkana & Fort Smith Railway Co. v. AdcockSupreme Court of Arkansas · 1921