Louisiana & Northwest Railroad v. Smith
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. The venue should have been changed. • 104 Ill. App. 65; 90 Ill. 74; 20 Ill. App. 333; 43 Kan. 307. The statements of plaintiff after he was removed to the sitting room and the answer of the conductor were not part of the res gestae. Whart.
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Appeal from Columbia Circuit Court. The venue should have been changed. • 104 Ill. App. 65; 90 Ill. 74; 20 Ill. App. 333; 43 Kan. 307. The statements of plaintiff after he was removed to the sitting room and the answer of the conductor were not part of the res gestae. Whart. Ev. § § 258/267; 48 Ark. 338; 61 Ark. 56; 58 Ark. 179, 55; 119 U. S. 99. The application for change of venue was properly denied. 36 So'. 440; 38 Wis. 401; 31 Wis. 512; 27 Wis. 409; 46 la. 88; 50 la. 520; 63 Ark. 135; 28 N. W. 452; 70 Pac. 326; 93 Ala. 293; 29 Atl. 406; 64 Md. 302; 22 Tenn. 154;'131 U. S. 22. The verdict…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment' assessing $5,000 as damages against the defendant company for injury to the plaintiff, a negro brakeman in its employ. The injury occurred in Columbia County, and the action to recover damages was brought in that county. The defendant filed a motion in due form for a change of venue, alleging that it could not obtain a fair and impartial trial in Columbia County “on account of the undue prejudice existing against it in said county,” which petition was supported by the affidavits of four persons. The plaintiff thereupon filed controverting affidavits of…
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