Prescott & Northwestern Railroad v. Franks
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; STATEMENT BT THE COURT. Appellee instituted this suit against appellant to recover damages for personal injuries which he received while attempting to cross appellant’s railroad track at a public crossing at Highland, in Hempstead county, Arkansas.
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Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; STATEMENT BT THE COURT. Appellee instituted this suit against appellant to recover damages for personal injuries which he received while attempting to cross appellant’s railroad track at a public crossing at Highland, in Hempstead county, Arkansas. The circumstances under which appellee received his injuries are testified to by himself substantially as follows: The main line of appellant’s fine of railway at Highland runs north and south. There is a public road running parallel to the railroad from north to south on the west side of…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first earnestly insisted by counsel for appellant that there is no testimony of a substantial character to support the verdict. They claim that the verdict of the jury has only a scintilla of evidence to support it. Several disinterested witnesses testified in favor of appellant, and stated that they saw the accident. They all say that appellant was injured while about forty feet or more away from the crossing, and that his injuries resulted from his team becoming frightened and running away; that his team became frightened at two short blasts given…
2Cases cited5 opinions
- State v. MathesonSupreme Court of Iowa · 1905
- Sellers v. StateSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910
- Miller v. MintunSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway v. HendricksSupreme Court of Arkansas · 1890
3Cited by9 opinions
- Fisher v. StateCourt of Appeals of Arkansas · 1982
- Ingebretsen v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1915
- Demopolis Telephone Co. v. HoodSupreme Court of Alabama · 1924
- Arkansas Amusement Corporation v. WardSupreme Court of Arkansas · 1942
- Bartlesville Zinc Co. v. FisherSupreme Court of Oklahoma · 1916
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