Kansas City Southern Railway Co. v. Sparks
Supreme Court of Arkansas
Appeal from Polk Circuit Court; George R. Haynie, Judge; STATEMENT OE EAOTS. C. C. Sparks brought this suit against the Kansas City Southern Railway Company and Walker D. Hines, Director General of Railroads, under the Federal Employers’ Liability Act to recover for personal injuries sustained by him while engaged in the work of track repairing.
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Appeal from Polk Circuit Court; George R. Haynie, Judge; STATEMENT OE EAOTS. C. C. Sparks brought this suit against the Kansas City Southern Railway Company and Walker D. Hines, Director General of Railroads, under the Federal Employers’ Liability Act to recover for personal injuries sustained by him while engaged in the work of track repairing. At the time Sparks was injured, with other servants of the railroad company, he was engaged in taking up old rails from the track and laying new rails. During the progress of the work it became necessary to make a connection to let a train over. The…
1Opinion of the CourtHart, J.
(after stating the facts). It is earnestly insisted by counsel for the defendant that the judgment should be reversed because the verdict of the jury is contrary to the weight of the evidence. In making this contention counsel has not taken into consideration the distinction between the rules which govern trial courts and this court with respect to setting aside verdicts. It is the duty of the trial court to set aside a verdict which it is of the opinion is contrary to the weight of the evideuce, but this court has repeatedly held, that where the trial court has overruled a motion for a new,…
2Cases cited4 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Seaboard Air Line Railway v. TilghmanSupreme Court of the United States · 1915
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Twist v. MullinixSupreme Court of Arkansas · 1916
3Cited by6 opinions
- Fowler v. HammettSupreme Court of Arkansas · 1924
- Central Coal & Coke Co. v. BarnesSupreme Court of Arkansas · 1921
- St. Louis-San Francisco Railway Co. v. MillerSupreme Court of Arkansas · 1927
- Chicago, Rock Island & Pacific Railway Co. v. AdamsSupreme Court of Arkansas · 1933
- City of Fort Smith v. DeLaetSupreme Court of Arkansas · 1967
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