Robertson v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Logan Circuit ‘Court, Southern District ; Jeptha 3. Evans, Judge; A new trial should have been granted for newly dis- • covered evidence. 41 Ark. 229; 66 Id. 619, 620. The court properly refused a new trial. The newly discovered evidence was at most cumulative merely. 100 Ark. 203, 206; 2 Ark. 346.
1Opinion of the CourtHart, J.
Edward Robertson, a minor fifteen years of age, by his next friend, W. O. Hammond, sued the Chicago, Rook Island .and Pacific Railway Company for personal injuries alleged to have ibeen received by being forcibly ejected from a moving freight train by a brakeman in the employment of the railroad company.
Robertson testified as follows: I live with my parents at Abbott, Arkansas, some distance away from the depot but near the railroad tracks. Sometimes a train would be put on the siding near my father’s house to wait for another train to pass. On the night I was injured I got on a freight train…
2Cases cited3 opinions
- Atkisson v. MartinIndiana Supreme Court · 1872
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Mitchell v. Stillings & FenlonSupreme Court of Kansas · 1878
3Cited by1 opinion
- Law v. CollinsSupreme Court of Arkansas · 1967