St. Louis, Iron Mountain & Southern Railway Co. v. Stovall
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The verdict is not sustained by my evidence, and is contrary to the evidence. There was a total- failure of proof to show that defendant’s servants actually knew or were fairly chargeable with notice of plaintiff’s presence in the car; further, the uncontradicted evidence shows that such was not the case. 93 Ark. 15. 2. The court erred in its oral instructions. 93 Ark. 15 ; 90 Ark. 18. 3. The verdict is excessive.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The verdict is not sustained by my evidence, and is contrary to the evidence. There was a total- failure of proof to show that defendant’s servants actually knew or were fairly chargeable with notice of plaintiff’s presence in the car; further, the uncontradicted evidence shows that such was not the case. 93 Ark. 15. 2. The court erred in its oral instructions. 93 Ark. 15 ; 90 Ark. 18. 3. The verdict is excessive. There were only a few ■bruises. 1. This case rest-s on a question of fact which the jury has settled, and there is ample…
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal to reverse a judgment for $2,000 rendered against it in favor -of appellee for injuries sustained while unloading some household goods from one of appellant’s freight cars. According to the abstract of appellant, appellee testified as follows:
“I am the plaintiff in this case. I was 36 years old the 4th day of February. I am married. I have four children. We arrived at Cominto Saturday night at 7 or 8 o’clock- — -something like that — and we could not unload the car until Monday. I don’t know what time we started, but I suppose it was 10 or 11 o’clock. It was…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- Houston & Texas Central Railroad v. GeraldCourt of Appeals of Texas · 1910
- Watson v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1885
- Dooley v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1908
- Louisville & Nashville R. R. v. HurstCourt of Appeals of Kentucky · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Van Veneer Co. v. JonesSupreme Court of Arkansas · 1917