Hot Springs Railroad v. McMillan
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. DueeiE, Judge. This suit was brought by McMillan against the Hot Springs Railroad Company to recover damages for the crushing and mangling of his left hand. McMillan was a brakeman of the Hot Springs Railroad Company, and his injury was caused while he was coupling cars at Butterfield.
Read the full summary
Appeal from Hot Spring Circuit Court. Alexander M. DueeiE, Judge. This suit was brought by McMillan against the Hot Springs Railroad Company to recover damages for the crushing and mangling of his left hand. McMillan was a brakeman of the Hot Springs Railroad Company, and his injury was caused while he was coupling cars at Butterfield. He charged that the liability of the railroad company grew out of negligence in failing to provide him with suitable and safe appliances with which to make the coupling in this: that the holes in the drawhead of one of the cars were out of shape, and the pin…
1Opinion of the CourtWood, J.
First. It is conceded by the learned counsel for appellants that the question of whether or not there was fraud in *the execution of the release was submitted to the jury upon proper instructions, but it was ably contended in oral argument, and in brief, that the evidence on this issue was not legally sufficient to support the verdict.
We have carefully examined the record on this question of fact, and have reached the conclusion that there was evidence to support the verdict. We do not hesitate to say that, were it the province of this court to pass upon the weight of the evidence and the…
2Cases cited6 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Mutual Life Insurance v. ParrishSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. ByrneSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Perkins Oil Company of Delaware v. FitzgeraldSupreme Court of Arkansas · 1938
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- Texas Company v. WilliamsSupreme Court of Arkansas · 1929
3 more not listed; retrieve them via the Exa API.