Little Rock Traction & Electric Co. v. Kimbro
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfieed, Judge. The evidence' does not sustain the verdict. 40 Ark. 168; 'll Ark. 630; 46 Ark. 141; 34 Ark. 632; 70 Ark. 386. Instruction No. 1, given by the court, was error, since it took from the jury the defense of contributory negligence. 65 Ark. 98; 65 Ark. 64 ; 59 Ark. 98; 58 Ark. 473; 57 Ark. 207, 393; 70 Ark. 79. The law as to the effect of contributory negligence was improperly declared.
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Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfieed, Judge. The evidence' does not sustain the verdict. 40 Ark. 168; 'll Ark. 630; 46 Ark. 141; 34 Ark. 632; 70 Ark. 386. Instruction No. 1, given by the court, was error, since it took from the jury the defense of contributory negligence. 65 Ark. 98; 65 Ark. 64 ; 59 Ark. 98; 58 Ark. 473; 57 Ark. 207, 393; 70 Ark. 79. The law as to the effect of contributory negligence was improperly declared. I Thompson, Neg. § 241; 63 N. E. 836; 67 N. E. 953; 31 Pac. 834; Me. 552; 31 Pac. 836; 51 N. W. 785; 101 Mass. 466; 80 N. Y. Supp. 231;…
1Opinion
ON REHEARING.
Battle, J.
Appellee, in effect, says that his right to recover in this action depends upon the evidence adduced in the trial as to appellant’s employees stopping the car and then suddenly moving it forward ■ while he was alighting therefrom. If they did, he says, he was entitled to recover; otherwise he was not. If this be true, the fourth instruction, given at his request, should not have been given, and all the instructions to the jury should have been confined to that issue.
The fourth instruction asked by the appellee and given by the court assumes that the jury might find that…
2Cases cited4 opinions
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Craighead v. Brooklyn City RailroadNew York Court of Appeals · 1890