St. Louis & North Arkansas Railroad v. Mathis
Supreme Court of Arkansas
Appeal from Carroll Circuit Court. John N. Tillman, Judge. Deceased was guilty of contributory ’ negligence. 71 Ark. 590; 66 Ark. 238; 62 Ark. 156; lb. 164; Id. 239; 57 Ark. 461; 69 Ark. 380; 48 Ark. 106; 56 Ark. 457; 54 Ark. 431, et seq. The verdict was excessive. As to right of deceased to rely upon instructions of foreman, see 65 Ark. 140. The instructions were correct, and the evidence sustains the verdict.
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Appeal from Carroll Circuit Court. John N. Tillman, Judge. Deceased was guilty of contributory ’ negligence. 71 Ark. 590; 66 Ark. 238; 62 Ark. 156; lb. 164; Id. 239; 57 Ark. 461; 69 Ark. 380; 48 Ark. 106; 56 Ark. 457; 54 Ark. 431, et seq. The verdict was excessive. As to right of deceased to rely upon instructions of foreman, see 65 Ark. 140. The instructions were correct, and the evidence sustains the verdict. The sixth instruction correctly - stated the law of contributory negligence, and the deceased, under the rule therein laid down, was not guilty thereof. 16 S. W. 397; 24 L. R. A. 719;…
1Opinion
ON REHEARING.
4. The verdict was excessive. 57 Ark. 384; lb. 306. Festus O. Butt and Chas. D. James, for appellee. McCuruoch, J.
Counsel for appellant ask a reconsideration by the court of the question of excessiveness of the verdict, and in doing so they necessarily attack the validity of the act of April 25, 1901 (Kirby’s Digest, § 6217), which is as follows:
“An act to regulate the practice in the circuit courts in certain cases.”
“Be it enacted by the General Assembly of the State of Arkansas :
“Section I. The verdict of any jury rendered in any action for the recovery of damages, where the…
2Cases cited9 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- State v. AshleySupreme Court of Arkansas · 1839
- Ex parte Batesville & Brinkley RailroadSupreme Court of Arkansas · 1882
- Railway Co. v. MaddrySupreme Court of Arkansas · 1893
- Ex parte WoodsSupreme Court of Arkansas · 1841
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