St. Louis, Iron Mountain & Southern Railway Co. v. Carter
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The eleventh instruction given by the court is erroneous because of incorporating therein the clause, “thinking it a settlement for wages for time lost on account of the injury.”
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; 1. The eleventh instruction given by the court is erroneous because of incorporating therein the clause, “thinking it a settlement for wages for time lost on account of the injury.” To avoid a written instrument on the ground of mistake, such mistake must be mutual. 74 Ark. 336. One who signs a contract without reading it, after being given an opportunity so to do, cannot afterwards complain that he signed it without having read it. 70 Ark. 312; 71 Ark. 185. The instruction is contradictory and confusing. It is impossible to tell…
1Opinion of the Court
Frauenthal, J..
This was an action brought by the plaintiff below, A. M. Carter, against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for personal injuries claimed to have been sustained by him while in the employ of the defendant as a brakeman. In his complaint he alleged that the injuries were caused by the wrongful negligence of the defendant. The defendant denied all allegations of negligence on its part, and pleaded contributory negligence on the part of the plaintiff and assumption of the risk by him. It further pleaded an accord and satisfaction of all…
2Cases cited10 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Dunman v. RaneySupreme Court of Arkansas · 1915
- Morris v. RaymondSupreme Court of Arkansas · 1918
14 more not listed; retrieve them via the Exa API.