Bodcaw Lumber Co. v. Ford
Supreme Court of Arkansas
Appeal from LaFayette Circuit Court; Charles W. Smith, Judge; 1. There was error in permitting counsel to ask a witness on direct examination the question, “Did you not ask Lee Howell, ‘Why 'did you put a green man to work at that old rattletrap of a machine?’” 61 Ark. 52; 52 Ark. 78; 57 Ark. 287; 66 Ark. 494; 78 Ark. 381. That the court cautions the jury not to consider incompetent evidence does not cure the error of permitting it to be introduced. 60 Ark. 76. Prior…
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Appeal from LaFayette Circuit Court; Charles W. Smith, Judge; 1. There was error in permitting counsel to ask a witness on direct examination the question, “Did you not ask Lee Howell, ‘Why 'did you put a green man to work at that old rattletrap of a machine?’” 61 Ark. 52; 52 Ark. 78; 57 Ark. 287; 66 Ark. 494; 78 Ark. 381. That the court cautions the jury not to consider incompetent evidence does not cure the error of permitting it to be introduced. 60 Ark. 76. Prior inconsistent statements as to a matter collateral to the issue are inadmissible. The test is, could the fact as to which the…
1Opinion of the CourtMcCuleoch, J.
This is the same case which was here on former appeal and reported in 73 Ark. p. 49 (Ford v. Bodcaw Lumber Company). The judgment was reversed for error in an instruction given ait the instance of the defendant, and on a trial anew in the circuit court the plaintiff recovered judgment for $1,500, and the defendant appealed. The facts are stated, in substance, in the former opinion.
Appellant questions the sufficiency of the evidence to sustain the verdict, but we conclude that there was enough evidence to justify a finding that the defendant was guilty of negligence in permitting Ford, the…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. PlumleeSupreme Court of Arkansas · 1906
- Ft. Smith Light & Traction Co. v. SoardSupreme Court of Arkansas · 1906
3Cited by14 opinions
- Holden v. StateSupreme Court of Arkansas · 1923
- Amos v. StateSupreme Court of Arkansas · 1945
- City of Springdale v. WeathersSupreme Court of Arkansas · 1967
- Finley v. SmithSupreme Court of Arkansas · 1966
- Keathley v. YatesSupreme Court of Arkansas · 1960
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