Legal Opinion

Railway Co. v. Amos

Supreme Court of Arkansas

Decided January 31, 1891PublishedCited by 24 opinions

APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Joint action of John S. Amos and wife against the St.. Louis, Iron Mountain and Southern Railway Company, to recover damages for personal injuries.

Read the full summary

APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Joint action of John S. Amos and wife against the St.. Louis, Iron Mountain and Southern Railway Company, to recover damages for personal injuries. The complaint alleged that while plaintiffs were with due-care driving along a street of the city of Little Rpck, and just as they were crossing the track of the defendant, the agents and servants and employes of said defendant were operating and in charge of an engine and train of freight cars a little east of said crossing, and as plaintiffs were immediately on the said track, the said…

1Opinion of the CourtCockrill, C. J.

1. Presumption as to bill of exceptions. The bill of exceptions does not purport . to set forth all the evidence adduced at the trial. Our inquiry therefore cannot reach some matters assigned as error by the appellant’s counsel. We indulge the presumption that there was proof of every fact which is necessary to sustain the court’s rulings, wherever evidence adduced at the proper time would justify its action. Every ruling is presumed to be right, unless the record contains matter which shows affirmatively that it is wrong. McKinney v. Demby, 44 Ark., 74.

The suit was a joint action by husband…

2Cases cited2 opinions

  1. Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
  2. Clouse v. ElliottIndiana Supreme Court · 1880

3Cited by24 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Little Rock Gas & Fuel Co. v. CoppedgeSupreme Court of Arkansas · 1915
  3. Erwin v. MilliganSupreme Court of Arkansas · 1934
  4. Beal-Doyle Dry Goods Co. v. CarrSupreme Court of Arkansas · 1908
  5. Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API