Little Rock & Hot Springs Western Railroad v. Cross
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Alexander M. Duffle, Judge; statement by the court. This was a suit for personal injury.
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Appeal from Garland Circuit Court; Alexander M. Duffle, Judge; statement by the court. This was a suit for personal injury. Plaintiff charged that on December 4, 1903, while he was in a box car in the railway company’s yards at Hot Springs, Arkansas, unloading brick into his wagon, the employees of the railway company negligently and carelessly, with great force, caused another car to be driven against the car which he was in with such force as to injure him for life, and asked for damages in the sum of $5,000. The defendant answered, denying each and every allegation of the complaint, and…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The facts sought to be established by the witness Page by the examinátion in chief were competent. Witnesses for appellant had testified that there was a negro boy on the wagon at the time appellee was hurt, and they gave the description of the negro as a “black-looking negro.” This was in contradiction of the testimony of appellee, which tended to show that the boy was in the car with him at the time he was hurt, and that the boy that was with him was a mulatto. The testimony of Page tended to corroborate the testimony of appellee. The fact that the boy…
2Cited by2 opinions
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Memphis, Dallas & Gulf Railroad v. YandellSupreme Court of Arkansas · 1916