St. Louis, Iron Mountain & Southern Railway Co. v. Kelley
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. This is an action for an injury to Benjamin F. Kelley, an infant, brought by S. H. Kelley, as his next friend. The appellee, Benjamin F. Kelley, an infant three years of age, while standing upon a trestle on the railway of defendant, was struck by one of its trains, and injured.
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Appeal from Clark Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. This is an action for an injury to Benjamin F. Kelley, an infant, brought by S. H. Kelley, as his next friend. The appellee, Benjamin F. Kelley, an infant three years of age, while standing upon a trestle on the railway of defendant, was struck by one of its trains, and injured. It was alleged that the injury was occasioned by the negligence of the employees of defendant having charge of the train in failing to keep a lookout. This was denied by defendant, and it alleged that the boy, Benjamin F. Kelley, came upon…
1Opinion of the CourtRiddick, J.
Admissibility aspartofra18 gestae.
(after stating the facts). The question for us to determine is whether this statement of the brakeman McFadden was part of the res gestae, and proper to go to the jury as evidence tending to show negligence. This statement was made after the accident, in response to an inquiry by the witness Cornelius. The acts to which it referred were completely past. The injured child had been borne away from the place of the accident. It was not a spontaneous utterance called forth by the accident, but was made in response to an inquiry, and was only a narration of past…
2Cases cited2 opinions
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
3Cited by8 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Cabaniss v. Grayburg Oil Co.Court of Appeals of Texas · 1932
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906
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