Legal Opinion

Kansas City Southern Railway Co. v. Morris

Supreme Court of Arkansas

Decided November 19, 1906PublishedCited by 26 opinions

Appeal from Benton Circuit Court; John N. Tillman, Judge; 1. The court erred in permitting the plaintiff to prove the expectancy of life of the deceased by the physician. Mortality tables are admissible, but personal knowledge and unauthenticated books are not. 63 Ark. 491; 81 Tex. 523; 20 Am. Eng. Enc.

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Appeal from Benton Circuit Court; John N. Tillman, Judge; 1. The court erred in permitting the plaintiff to prove the expectancy of life of the deceased by the physician. Mortality tables are admissible, but personal knowledge and unauthenticated books are not. 63 Ark. 491; 81 Tex. 523; 20 Am. Eng. Enc. Law (2 Ed.), 884-5. 2. The admission of photographs is always allowed, when proved to be correct, for the purpose of enabling the witnesses to explain their testimony as to the facts, or to assist the jury in arriving at a better understanding of the testimony of the witnesses. 100 Red. 756; 1…

1Opinion of the CourtBattle, J.

This was an action brought by R. S. Morris, as administrator of Jacob Webster, deceased, against the Kansas City Southern Railway Company to recover damages on account of the death of his intestate. He alleged in his complaint” that the defendant maintained, on the second day of May, 1904, on its line of railroad, at the city of Siloam Springs, in Benton County, in this State, a passenger and freight depot and a large switch yard and many side tracks of railroad, and had a foreman and laborers employed to work on said yard and side tracks. Mike Kelley was the foreman, and Jacob Webster was…

2Cases cited12 opinions

  1. Baustian v. YoungSupreme Court of Missouri · 1899
  2. L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
  3. Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
  4. Boswell v. BarnhartSupreme Court of Georgia · 1895
  5. Atchison, Topeka & Santa Fe Railroad v. HughesSupreme Court of Kansas · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Hughes v. StateTennessee Supreme Court · 1912
  2. Palmer v. StateCourt of Criminal Appeals of Tennessee · 1968
  3. St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
  4. Owen v. StateSupreme Court of Arkansas · 1908
  5. Rogers v. StateSupreme Court of Arkansas · 1908

21 more not listed; retrieve them via the Exa API.

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