Johnson v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John B. Baker, Judge; (1) Intervener, as attorney for Mrs. Rung, bad a right to control the course of action, and, in absence of direction to the contrary, may take a nonsuit. 11 Ark. 232. (2) It was error to refuse to instruct that intervener’s negligence in the prosecution of the claim in controversy must be established by the “fair” preponderance of the evidence or beyond a reasonable doubt. 11 Ark. 228. (3) It was abuse of discretion to…
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Appeal from Baxter Circuit Court; John B. Baker, Judge; (1) Intervener, as attorney for Mrs. Rung, bad a right to control the course of action, and, in absence of direction to the contrary, may take a nonsuit. 11 Ark. 232. (2) It was error to refuse to instruct that intervener’s negligence in the prosecution of the claim in controversy must be established by the “fair” preponderance of the evidence or beyond a reasonable doubt. 11 Ark. 228. (3) It was abuse of discretion to refuse to submit requests for a special verdict. A client is justified in dissolving the relation with his attorney…
1Opinion of the CourtMcCulloch, C. J.
James E. King, a locomotive engineer employed by appellee, was killed while serving in the line of his duty as such engineer for appellee, and his widow was appointed administratrix of the estate and instituted suit to recover damages for the benefit of herself, as widow, on account of the alleged negligence which caused the death of said decedent; and she entered into a written contract with appellant as her attorney to prosecute the litigation and agreed in the contract to pay him as compensation for his services one-half of the amount recovered after deducting expenses incident to the…
2Cases cited4 opinions
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. Hays & WardSupreme Court of Arkansas · 1917
- Johnson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1920
3Cited by10 opinions
- Missouri Pacific Transportation Co. v. ParkerSupreme Court of Arkansas · 1940
- Chalkley v. HenleySupreme Court of Arkansas · 1928
- Sikes v. SegersSupreme Court of Arkansas · 1979
- Gentry v. RichardsonSupreme Court of Arkansas · 1958
- Robertson v. Universal C. I. T. Credit Corp.Supreme Court of Arkansas · 1954
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