St. Louis, Iron Mountain & Southern Railway Co. v. Bearden
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lanhford, Judge; 1. In withdrawing instruction 3 from the jury the court eliminated one of appellant’s main defenses, i. e., the release, and in his remarks to the jury the court eliminated the essential element to avoid the release, the question of fraud, and in effect told the jury that no matter if the claim agent was acting in good faith yet the release would not be binding upon appellee unless she had sufficient intelligence to…
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Appeal from Lonoke Circuit Court; Eugene Lanhford, Judge; 1. In withdrawing instruction 3 from the jury the court eliminated one of appellant’s main defenses, i. e., the release, and in his remarks to the jury the court eliminated the essential element to avoid the release, the question of fraud, and in effect told the jury that no matter if the claim agent was acting in good faith yet the release would not be binding upon appellee unless she had sufficient intelligence to understand the nature of the release. 87 Ark. 614; 136 Fed. 118. 2. It was error to refuse to permit appellant to read to…
1Opinion of the CourtHart, J.
Appellee instituted this action against appellant to recover damages for injuries alleged to have been received by her, through appellant’s negligence while alighting form one of its passenger trains. This is the second appeal. On the former appeal the judgment was reversed for the error of the court in giving certain instructions. The opinion on that appeal is reported in 30th Arkansas Law Reporter, page 471, and reference is made to it for a more extended statement of the issues involved. There was a verdict and judgment in favor of appellee in the court below and the appellant has duly…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1904
- Valley Planting Co. v. WiseSupreme Court of Arkansas · 1909
3Cited by7 opinions
- ÆTNA LIFE INS. CO. v. McADOOCourt of Appeals for the Eighth Circuit · 1939
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- Fitzwater v. Lambert and Barr, Inc.District Court, W.D. Arkansas · 1982
- United Insurance Co. of America v. WallSupreme Court of Arkansas · 1961
- Warner v. WarnerSupreme Court of Arkansas · 1953
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