St. Louis, Iron Mountain & Southern Railway v. Higgins
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hou. C. E. Mitchel, Circuit Judge. 1. The answer setting up no matter of set-off’or counterclaim, the cause was at issue, and the replication was improper. 34 Ark., 613; Gantt’s Digest, sec. 4579. 2. The evidence discloses but one fact, that plaintiff was alone responsible for the accident.
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APPEAL from Nevada Circuit Court. Hou. C. E. Mitchel, Circuit Judge. 1. The answer setting up no matter of set-off’or counterclaim, the cause was at issue, and the replication was improper. 34 Ark., 613; Gantt’s Digest, sec. 4579. 2. The evidence discloses but one fact, that plaintiff was alone responsible for the accident. Contributory negligence is a defense to all actions, except where the negligence of the injured is in point of time prior to the negligence of defendant, and then, and only then, contributory ceases to be a defense after the defendant discovers the negligence of plaintiff…
1Opinion of the CourtSmith, J.
1, Pleadings: Answer: Reply: Issue.
A minor, suing by his- next friend, brought this action against the railway company for personal injuries sustained in its service. The answer traversed the allegation of carelessness in the operation of the defendant’s road, and averred contributory negligence, denied the plaintiff’s minority and pleaded that for the sum of $125 paid to him, he had in writing released all right of action against the company. The plaintiff replied that he was a minor when he executed the release and was therefore not bound by it. Upon this issue the cause was tried and the…
2Cases cited4 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Green v. . GreenNew York Court of Appeals · 1877
- Hulett v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
3Cited by21 opinions
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
- Gill v. HaggertySupreme Court of Oklahoma · 1912
- Lake v. PerryMississippi Supreme Court · 1909
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