Biddle v. Jacobs
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee is the administratrix of the estate, and the widow, of A. C. Jacobs, deceased.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee is the administratrix of the estate, and the widow, of A. C. Jacobs, deceased. She ¡alleged in the complaint which she filed in this cause that her intestate, on August 19, 1913, became a passenger on one of appellee’s trains operated between Fort Smith and Mansfield, and that this train collided with a train of the Midland Valley Railroad, as the result of which her intestate sustained certain injuries from which he died, after great suffering, on the 30th of December, 1913. Appellant…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1) Appellant invokes the rule that, where the evidence as to the cause of death, or any other effect, leaves the question to conjecture between causes for which appellant would not be ’liable and a cause or causes for which it would be liable, the appellee must fail.(2) That this is the law is well settled by the decisions of this court. In the case of Railway v. Henderson, 57 Ark. 414, Justice Mansfield quoted with approval from the case of Smith v. Bank, 99 Mass, 605, the following language:/‘When the evidence tends equally to sustain either of two…
2Cases cited3 opinions
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
- Denton v. Mammoth Spring Electric Light & Power Co.Supreme Court of Arkansas · 1912
3Cited by14 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
- Standard Pipe Line Co. v. BurnettSupreme Court of Arkansas · 1933
- St. Louis, Iron Mountain & Southern Railway Co. v. BelcherSupreme Court of Arkansas · 1915
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