Railway v. Barger
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. This action was brought against the defendant company to .recover damages for an injury sustained by the plaintiff in falling through a hole in the defendant’s depot platform. The complaint alleged that the injury was received while the plaintiff was lawfully engaged in removing some freight from the depot, and that the defendant had negligently suffered the platform to become unsafe and had failed to repair it.
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APPEAL from Washington Circuit Court. J. M. Pittman, Judge. This action was brought against the defendant company to .recover damages for an injury sustained by the plaintiff in falling through a hole in the defendant’s depot platform. The complaint alleged that the injury was received while the plaintiff was lawfully engaged in removing some freight from the depot, and that the defendant had negligently suffered the platform to become unsafe and had failed to repair it. The answer denied the negligence imputed to the defendant, denied that the plaintiff was injured in the manner stated •in…
1Per curiam
Evidence: Declarations of agent. The admission of the statement made by Frost was error. The only object of the testimony was to prove unreasonable delay upon the part of the company in repairing the platform, after the defect in it became known. The statement of the agent was incompetent for that purpose.
Story on Agency, sec. 136; R. R. v. Fillmore, 57 Ill., 265; R. R. v. Riddle, 60 Ill., 534; Flynn v. State, 43 Ark., 289.
Reverse the judgment and remand the cause for a new trial.
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. FillmoreIllinois Supreme Court · 1870
- Chicago, Burlington & Quincy Railroad v. RiddleIllinois Supreme Court · 1871
3Cited by1 opinion
- Railway Co. v. SweetSupreme Court of Arkansas · 1893