Kansas City Southern Railway Co. v. Teater
Supreme Court of Arkansas
Appéal from Polk Circuit Court; Jefferson T. Cowling) Judge; 1. A verdict should have been directed for defendant. The finding of the jury is in the very teeth of the physical facts. It was impossible for plaintiff’s foot to have been caught between the bumpers. The evidence shows that he was sitting on the step with his leg hanging down and his foot caught in a cattle guard.
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Appéal from Polk Circuit Court; Jefferson T. Cowling) Judge; 1. A verdict should have been directed for defendant. The finding of the jury is in the very teeth of the physical facts. It was impossible for plaintiff’s foot to have been caught between the bumpers. The evidence shows that he was sitting on the step with his leg hanging down and his foot caught in a cattle guard. All the evidence must be considered together. 96 Ark. 500; 114 Id. 112. No negligence on the part of the company is shown. 221 Fed. 907; 84 Ark. 555; 108 Id. 578. The credibility of a witness is an issue of fact for the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Jewel Teater, is a boy about fourteen years of age and instituted this action by his next friend against the Kansas City Southern Railroad Company to recover compensation for personal injuries alleged to have been sustained by reason of negligence of the company’s servant while he was a passenger on one of its trains. The plaintiff was a little over thirteen years of age when the injury occurred and he was a passenger on an excursion train going from Mena to Cove, in Polk County, Arkansas.
The plaintiff alleged in his complaint, and undertook to prove, that the train was…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- Garrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
3Cited by6 opinions
- Harrelson v. WhiteheadSupreme Court of Arkansas · 1963
- Gates v. PlummerSupreme Court of Arkansas · 1927
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Blythe v. ByrdSupreme Court of Arkansas · 1971
- Arkansas Power & Light Co. v. AdcockSupreme Court of Arkansas · 1931
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