Kansas City Southern Railway Co. v. Cobb
Supreme Court of Arkansas
Appeal from Piolk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is ¡a suit by the appellee .against the appellant to recover damages for alleged negligence in carrying appel-. lee 'beyond her destination .and. in refusing to keep a fire in its waiting room at such a .season of the year when it was sufficiently cold to make .a fire necessary for ¡appellee’s comfort.
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Appeal from Piolk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is ¡a suit by the appellee .against the appellant to recover damages for alleged negligence in carrying appel-. lee 'beyond her destination .and. in refusing to keep a fire in its waiting room at such a .season of the year when it was sufficiently cold to make .a fire necessary for ¡appellee’s comfort. The appellant denied the grounds for recovery alleged in the complaint, ¡and denied the allegations of damage, and set up negligence on the part of appellee. Appellee testified that she purchased tickets…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) Appellant contends that the court erred in permitting nonexpert witnesses to testify in effect that soon after the injury appellee “appeared to be suffering*.” That “she looked bad; looked like she was :siok; seemed to be in bad health. ’ ’ That “a short time before the injury she appeared to be in very good health. ’ ’
The testimony comes within the rule approved by this court in St. Louis, Iron Mountain & S. Ry. Co. v. Osborne, 95 Ark. 310-317, where we held that it was not error to allow nonexpert witnesses to state facts within their knowledge and…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. HookSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. OsborneSupreme Court of Arkansas · 1910
- Texarkana & Ft. Smith Railway Co. v. AndersonSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. KnightSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shuffield v. TaylorTexas Supreme Court · 1935
- Modern Woodmen of America v. WhitakerSupreme Court of Arkansas · 1927
- Chicago, R. I. & G. Ry. Co. v. FaulknerCourt of Appeals of Texas · 1917
- Jewel Tea Company, Inc. v. McCrarySupreme Court of Arkansas · 1938
- Arkansas Land & Lumber Co. v. CookSupreme Court of Arkansas · 1923
4 more not listed; retrieve them via the Exa API.