Taylor v. Evans
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; 1. The original complaint was admissible for the purpose of showing an admission, the issue being sharply drawn as to whether appellee was hurt in trying to get on the car, as alleged in the original complaint, or after he had got to his place by being jerked off.
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; 1. The original complaint was admissible for the purpose of showing an admission, the issue being sharply drawn as to whether appellee was hurt in trying to get on the car, as alleged in the original complaint, or after he had got to his place by being jerked off. The court erred in excluding the original complaint, and in refusing to allow plaintiff to be cross examined touching its allegations. 21 Pac. 359; 20 Pac. 473; 8 S. W. 549; 1 Enc. of Ev. 438. 2. Instruction 5, on the duty of the servant was, unauthorized.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Willard Evans, sues the defendant, W. H. Taylor, who is his employer, to recover damages on account of personal injuries received while in the latter’s service. The defendant was operating a coal mine, and plaintiff was working for him at the mine. Plaintiff was about nineteen years of age at the time, and as cars of coal were brought out of the slope of the mine, by means of a locomotive engine, to the tipple, where the coal was broken up, it was his duty to take charge of the cars, and, together with the man working with him, to push them into the'cage or elevator, to be…
2Cases cited8 opinions
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Valley Planting Co. v. WiseSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dodson v. Allstate InsuranceSupreme Court of Arkansas · 2001
- Missouri Pac. R.R. Co., Thompson v. ZolliecofferSupreme Court of Arkansas · 1946
- Griffin Grocery Co. v. ThaxtonSupreme Court of Arkansas · 1928
- Tri-State Transit Co. of Louisiana, Inc. v. MillerSupreme Court of Arkansas · 1933
- Henry Wrape Co. v. BarrentineSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.