Legal Opinion

Midland Valley Railroad v. Hamilton

Supreme Court of Arkansas

Decided July 22, 1907PublishedCited by 9 opinions

Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. The conduct of appellee’s attorney in persistently propounding leading questions to the witnesses, in the face of appellant’s objections, and the remarks, attitude and manner of the trial judge toward appellant’s counsel when he objected to such questions and excepted to the rulings of the court thereon, were highly prejudicial to the appellant, indicating bias on the part of the court in favor of the plaintiff…

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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. The conduct of appellee’s attorney in persistently propounding leading questions to the witnesses, in the face of appellant’s objections, and the remarks, attitude and manner of the trial judge toward appellant’s counsel when he objected to such questions and excepted to the rulings of the court thereon, were highly prejudicial to the appellant, indicating bias on the part of the court in favor of the plaintiff and against the defendant which necessarily influenced the jury. 2. There is no evidence on which to base the court’s…

1Opinion of the CourtMcCulloch, J.

This is an action instituted by J. R. Hamilton against the Midland Valley Railroad Company to recover damages for the loss @-f his arm, which was caused by his having been thrown from a moving passenger train on defendant’s road. The plaintiff was a passenger on the train, and negligence of the servants of the company is alleged in prematurely calling the station to which plaintiff was destined, thereby inducing him to go out on the car platform to debark and then in causing the train to suddenly start or jerk, so that he was violently thrown to the ground with his arm under the wheels, and…

2Cases cited3 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
  2. Tuttle v. StateSupreme Court of Arkansas · 1907
  3. Wallace v. BernheimSupreme Court of Arkansas · 1896

3Cited by9 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. WatersSupreme Court of Arkansas · 1912
  2. White v. WilliamsSupreme Court of Arkansas · 1936
  3. Olstad v. FahseSupreme Court of Minnesota · 1938
  4. Brooke v. StateSupreme Court of Arkansas · 1908
  5. Mikel v. StateSupreme Court of Arkansas · 1930

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