Caldwell v. Missouri Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; The verdict is contrary to the evidence and the law and the court erred in giving and refusing instructions. Improper evidence was also admitted as to plaintiff’s offer of employment. Kirby & Castle’s Digest, § 5464. Plaintiff was entitled to recover his wages and the penalty. Ib. 92 Ark. 425. 92 Ark. 425 is not applicable. The facts are entirely different.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; The verdict is contrary to the evidence and the law and the court erred in giving and refusing instructions. Improper evidence was also admitted as to plaintiff’s offer of employment. Kirby & Castle’s Digest, § 5464. Plaintiff was entitled to recover his wages and the penalty. Ib. 92 Ark. 425. 92 Ark. 425 is not applicable. The facts are entirely different. Taking the instructions all together they correctly state the law. No penalty should have been allowed after October 23, 1918. Plaintiff’s check for his wages was…
1Opinion of the CourtSmith, J.
Appellant brought this suit to recover judgment for a sum due him as wages and for a penalty against the railway company for failure to pay these wages. He recovered judgment for the wages claimed but failed to recover any sum by way of penalty, although his testimony would have supported a recovery on that account.
On behalf of appellee — the railway company — appellee’s foreman testified that appellant had worked with him at different times for several years as a member of the steam shovel crew. This witness denied that he had discharged appellant and stated that the job was open to…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. BryantSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. RussellSupreme Court of Arkansas · 1927
- Missouri Pac. R.R. Co., Thompson v. ClementSupreme Court of Arkansas · 1944
- Combs v. Bunn W. Robertson, Inc.Supreme Court of Arkansas · 1942