Jones v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit C-our-t; Jacob M. Carter, Judge; 1. Where the answer admits a material allegation in a complaint, no pro-of is necessary on that point, -and the allegation should go -to the jury as evidence. 31 Cyc. 214; Kirby’s Digest, § § 6137, 6138; 41 Ark. 17; 46 Ark. 132; 73 Ark. 344; 11 Am. & Eng/Enc. of Law, (2 ed.), 488; 134 U. S. 241; 59 Cal. 97; 40 Pac. 491; 20 Am. St. Rep.
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Appeal from Miller Circuit C-our-t; Jacob M. Carter, Judge; 1. Where the answer admits a material allegation in a complaint, no pro-of is necessary on that point, -and the allegation should go -to the jury as evidence. 31 Cyc. 214; Kirby’s Digest, § § 6137, 6138; 41 Ark. 17; 46 Ark. 132; 73 Ark. 344; 11 Am. & Eng/Enc. of Law, (2 ed.), 488; 134 U. S. 241; 59 Cal. 97; 40 Pac. 491; 20 Am. St. Rep. (Col.) 290; 38 111. 409; 66 N. Y. (Hun) 12; 90 N. Y. 110; 40 S. W. (Mo.) 1030 28 Pac. 201; 103 U. S. 262. 2. It was error to refuse to admit offered testimony to show that the engineer had stated that…
1Opinion of the CourtMcCulloch, C. J.
J. S. Jones was run over and billed by a northbound freight train of the St. Louis, Iron Mountain & Southern Railway Company near Mandeville, in Miller County, Arkansas, and the plaintiff, as administrator of said decedent’s estate, instituted this action to recover damages on account thereof. Jones was walking along the middle of the trade when an engine, approaching from behind, struck him; and it is alleged in the complaint that the company’s employees in charge of the train “saiw the deceased in a dangerous position, and, without any regard for his safety or his life, said defendant’s…
2Cases cited4 opinions
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. BunchSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1900
- Brockway v. StateSupreme Court of Arkansas · 1880
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co v. WatsonSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. HumbertSupreme Court of Arkansas · 1911
- Murphy v. StateSupreme Court of Arkansas · 1925
- Abernathy v. EtchersonSupreme Court of Arkansas · 1915