St. Louis, Iron Mountain & Southern Railway Co. v. Webster
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. The court erred in refusing to grant a continuance. 66 Ark. 278; 59 Ark. 169; Pomeroy, Rem. Rights, § 554; 75 Ark. 3^9; 372; 74 Ark. 159; 85 Ark. 334; 67 Ark. 142. 2. The depositions of Doctors Bentley and Barlow should have been suppressed. 3. The evidence was not sufficient to sustain a verdict against appellant.
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Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; 1. The court erred in refusing to grant a continuance. 66 Ark. 278; 59 Ark. 169; Pomeroy, Rem. Rights, § 554; 75 Ark. 3^9; 372; 74 Ark. 159; 85 Ark. 334; 67 Ark. 142. 2. The depositions of Doctors Bentley and Barlow should have been suppressed. 3. The evidence was not sufficient to sustain a verdict against appellant. The burden was on appellee to show negligence, i. e., the want of reasonable care and diligence on the part of appellant with reference to the hand hold', and this burden was not shifted by proof of the injury. On the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, R. W. Webster, claims to have received personal injuries while in the service of the defendant, the St. Louis, Iron Mountain & Southern Railway Company, as brakeman, and sues to recover damages, alleging that his -injuries were caused by the negligence of the defendant in failing to exercise ordinary care to discover and repair an insecure handhold or grabiron on the top of one of the freight cars -in the train which plaintiff was handling. He claims that the gratoiron gave way under his grasp, and that he fell to -the ground, receiving severe injuries on account of the fall…
2Cases cited14 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Dooner v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- Oliver v. City of Shattuck Ex Rel. VersluisCourt of Appeals for the Tenth Circuit · 1946
- Missouri & North Arkansas Railroad v. JohnsonSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- San Antonio, U G. R. Co. v. DawsonCourt of Appeals of Texas · 1918
15 more not listed; retrieve them via the Exa API.