Western Coal & Mining Co. v. Burns
Supreme Court of Arkansas
Appeal from Franklin Circuit Court; leptha H. Bvans, Judge; 1. The court should have instructed a verdict for the defendant, because appellee Luther Burns’s own testimony fails to establish the acts complained of, is uncorroborated in this respect, and is, moreover, contradictory and contrary to physical facts; it does not prove any negligence on the part of appellant, and shows that he was at a place where he should not have been. 79 Ark. 608; 3 Am.
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Appeal from Franklin Circuit Court; leptha H. Bvans, Judge; 1. The court should have instructed a verdict for the defendant, because appellee Luther Burns’s own testimony fails to establish the acts complained of, is uncorroborated in this respect, and is, moreover, contradictory and contrary to physical facts; it does not prove any negligence on the part of appellant, and shows that he was at a place where he should not have been. 79 Ark. 608; 3 Am. St. Rep. 632; 34 la. 153; 15 S. W. 141. 2. It is also clear from his own testimony, if the defects complained of existed, that Burns knew of the…
1Opinion of the CourtMcCurroch, J.
This appeal involves judgments for the recovery of damages in two actions against appellant, Western Coal & Mining ¡Company, one instituted by Luther Burns, a minor, to recover for physical and mental suffering and perma* nent physical injury resulting from alleged negligence of appellant, and the other instituted by Julia Burns, his mother, to recover for loss of his services during disability, expenses of medical attention, nurse hire, etc., resulting from said alleged negligence. The cases were tried together, and in the first case the judgment was for the sum of $1500, and in the second…
2Cases cited5 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Waters-Pierce Oil Co. v. KniselSupreme Court of Arkansas · 1906
3Cited by22 opinions
- Atlantic Coast Line Railroad v. ShouseSupreme Court of Florida · 1922
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Jackson v. StateSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Stockton v. BakerSupreme Court of Arkansas · 1948
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