Mosley v. Mohawk Lumber Co.
Supreme Court of Arkansas
Appeal from. Columbia Circuit Court; Charles W. Smith, Judge; STATEMENT BY THE COURT. This is a suit for damages by the administratrix, for the benefit of the estate land next of kin, for personal injuries, resulting in the death of her intestate, alleged to have been caused by the negligence of the lumber company in the maintenance of its track and operation of its logging train, of which deceased was engineer.
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Appeal from. Columbia Circuit Court; Charles W. Smith, Judge; STATEMENT BY THE COURT. This is a suit for damages by the administratrix, for the benefit of the estate land next of kin, for personal injuries, resulting in the death of her intestate, alleged to have been caused by the negligence of the lumber company in the maintenance of its track and operation of its logging train, of which deceased was engineer. There was a motion for a change of venne filed, appellant in her affidavit stating she verily believed that the plaintiff could not obtain a fair and impartial trial in the icounty in…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in denying the motion for a change of venue, in giving said instruction No. 4, and in admitting the testimony of the manager of the defendant corporation, relative to his instructions to the deceased in a suit by his administratrix.(1) The law leaves the matter of granting a change of venue in civil actions to the discretion of the trial judge, and permits the opposite party to 'Controvert and resist the petition therefor, and the court’s decision denying such petition will not be reviewed unless it appears to have been…
2Cases cited7 opinions
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. ReillySupreme Court of Arkansas · 1913
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sewell v. UmstedSupreme Court of Arkansas · 1925
- Wallace v. WellsSupreme Court of Arkansas · 1953
- Cross v. PharrSupreme Court of Arkansas · 1949
- Kansas City Southern Railway Co. v. BiggsSupreme Court of Arkansas · 1930
- Lake Shore Nat. Bank v. Bellanca Aircraft CorporationDistrict Court, D. Delaware · 1949
12 more not listed; retrieve them via the Exa API.