Eureka Springs Ry. v. Timmons
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. J. M. Pittman, Judge. 1. The injury occurred on the road of a Missouri corporation which had no legal existence in Arkansas. 16 How. U. S., 325; 13 Pet., 519; 13 Wall., 270. This company is not liable for an injury occurring on another road. Wood & Field on Corp. 2nd ed., sec. 326. 2. The damages are excessive.
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APPEAL from Carroll Circuit Court. J. M. Pittman, Judge. 1. The injury occurred on the road of a Missouri corporation which had no legal existence in Arkansas. 16 How. U. S., 325; 13 Pet., 519; 13 Wall., 270. This company is not liable for an injury occurring on another road. Wood & Field on Corp. 2nd ed., sec. 326. 2. The damages are excessive. The verdict an outrage. 46 Ark., 275 ; 25 Id., —; 39 Id., 387. 3. It was error to instruct the jury that defendant must show * * * that its track and machinery and appliances were the best of the kind and in perfect condition, etc. 34 Ark., 613; 40…
1Opinion of the CourtHughes, J.
While a passenger in one of the coaches on the railway of appellant en route from Seligman, Missouri, to Eureka Springs, Arkansas, appellee received personal injuries, by the coach in which he was seated leaving the track of the road, and turning over down an embankment. The complaint alleges that the appellant was, at the time, operating its road from Eureka Springs, Arkansas, to Seligman, Missouri, and that appellant was guilty of negligence in using defective machinery and in operating its road, which was the cause of appellee’s injury. Appellant denied negligence; denied that appellee was…
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