Rodgers v. Choctaw, Oklahoma & Gulf Railroad
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George M. Chapline, Judge; statement by-the court. Appellant, J. D. Rodgers, sued the Choctaw, Oklahoma & Gulf Railroad Company to recover damages for injuries caused by negligent operation of its train while he was a passenger thereon. A trial was had before a jury, appellant testified in his own behalf, and rested his case, whereupon the court instructed the jury to return a verdict in favor of the defendant, which was done.
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Appeal from Monroe Circuit Court; George M. Chapline, Judge; statement by-the court. Appellant, J. D. Rodgers, sued the Choctaw, Oklahoma & Gulf Railroad Company to recover damages for injuries caused by negligent operation of its train while he was a passenger thereon. A trial was had before a jury, appellant testified in his own behalf, and rested his case, whereupon the court instructed the jury to return a verdict in favor of the defendant, which was done. Appellee was guilty of negligence, which was clearly proved. 37 Ark. 519; 102 U. S. 451; 38 N. E. 578; 33 N. E. 960; 55 N. W. 270; 85…
1Opinion of the Court
McCuelocit, J.,
(after stating the facts.) The only question before us for determination is, whether the evidence introduced by the plaintiff was legally sufficient to support a verdict in his favor; and in testing that question we must give the testimony its strongest probative force, and accept that view of the facts which it will warrant most favorable to plaintiff’s cause of action. Catlett v. Railway Co., 57 Ark. 461; Ford v. St. L., I. M. & S. Ry. Co., 66 Ark. 363; Burns v. St. Louis S. W. Ry. Co., ante p. 10.. Appellant lived at Brinkley, a station on- defendant’s railroad, but was…
2Cases cited12 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
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