St. Louis, Iron Mountain & Southern Railway Co. v. Bryant
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The court erred in refusing to admit testimony offered by appellant to prove 'that it offered appellees employment, thus taking away its only defense. Kirby’s Dig. § 6649. 2. The court’s peremptory instruction to find for appellees was erroneous in that it authorized the jury to render a verdict for penalties after a tender had -been made.
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The court erred in refusing to admit testimony offered by appellant to prove 'that it offered appellees employment, thus taking away its only defense. Kirby’s Dig. § 6649. 2. The court’s peremptory instruction to find for appellees was erroneous in that it authorized the jury to render a verdict for penalties after a tender had -been made. Hunt on Tender, § 342; 64 Ark. 93; 66 Ark. 413. I. The conditions of the statute are met whenever it is shown that the employees were discharged, or whenever, if they had not been discharged, it…
1Opinion of the CourtFrauenthal, J.
The appellees, who were the plaintiffs below, were in the employ of the defendant a railroad corporation, and they severally instituted suits in the court of a justice of the peace for the recovery of wages and-penalties for the failure of the defendant to pay them their wages when they were discharged. Judgments were recovered in each of the several cases in favor of each of the plaintiffs, and the defendant appealed from all the judgments to the circuit court. In the circuit court, all of the cases were consolidated. In its answer in the circuit court the defendant denied that it had…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PaulSupreme Court of Arkansas · 1897
- Hall v. DoyleSupreme Court of Arkansas · 1880
- Texas & St. Louis Railway v. HallSupreme Court of Arkansas · 1884
- Birmingham v. RogersSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. PickettSupreme Court of Arkansas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Robinson v. St. Maries Lumber Co.Idaho Supreme Court · 1921
- Hazel v. Robinson & YoungSupreme Court of Louisiana · 1937
- Oppenheimer v. Sunkist GrowersCalifornia Court of Appeal · 1957
- Whitehead v. E. J. Deas Co.Louisiana Court of Appeal · 1928
- Chicago, Rock Island & Pacific Railway Co. v. RussellSupreme Court of Arkansas · 1927
12 more not listed; retrieve them via the Exa API.