Legal Opinion

Moody v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Arkansas

Decided December 14, 1908PublishedCited by 8 opinions

Appeal from White Circuit Court; Hcrnce N. Hutton, Judge; STATEMENT BY THE COURT. The appellant alleged that he was a passenger on appellee’s train from Judsonia to Bald Knob; that the purpose of his trip was to visit a son, who resided about a fourth of a mile south of the depot at Bald Knob near the defendant’s railroad track; that when he arrived at Bald Knob and alighted he found the street leading south to his son’s house impassable, rendered so on account of the wilful…

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Appeal from White Circuit Court; Hcrnce N. Hutton, Judge; STATEMENT BY THE COURT. The appellant alleged that he was a passenger on appellee’s train from Judsonia to Bald Knob; that the purpose of his trip was to visit a son, who resided about a fourth of a mile south of the depot at Bald Knob near the defendant’s railroad track; that when he arrived at Bald Knob and alighted he found the street leading south to his son’s house impassable, rendered so on account of the wilful negligence of the defendant company, and so he was forced to walk down the railroad track in order to reach his son’s…

1Opinion of the Court

Wood, J.,

(after stating the facts). First. The appellee contends that there is no exception to the ruling of the court in refusing a new trial. The record order on this point is as follows : “At a former day of the present term of this court, the plaintiff filed motion for a new trial of the cause herein, and, the same being this day submitted to the court for its consideration and judgment, and the court, being well and sufficiently advised, doth refuse the prayer for a new trial, the plaintiff at the time having prayed for an appeal to the Supreme Court, which is by the court granted, and…

2Cases cited5 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. MatthewsCourt of Appeals of Texas · 1902
  2. St. L., I. M. & S. Ry. v. WilkersonSupreme Court of Arkansas · 1885
  3. Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
  4. Missouri & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1908
  5. St. Louis, Iron Mountain & Southern Railway Co. v. LondonSupreme Court of Arkansas · 1907

3Cited by8 opinions

  1. Figueroa Lugo v. American Railroad Co. of Porto RicoSupreme Court of Puerto Rico · 1944
  2. Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
  3. Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
  4. Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
  5. Arkansas & Louisiana Railway Co. v. GravesSupreme Court of Arkansas · 1910

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