Saint Louis, Iron Mountain & Southern Railway Co. v. Harrison
Decision Date | 29 July 1905 |
Citation | 89 S.W. 53,76 Ark. 430 |
Parties | SAINT LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY v. HARRISON |
Court | Arkansas Supreme Court |
Appeal from Jackson Circuit Court, FREDERICK D. FULKERSON, Judge.
Reversed.
STATEMENT BY THE COURT.
The complaint alleged tat, while plaintiff was a passenger on defendant's train, he was wantonly and maliciously assaulted, beaten, cursed and abused by the conductor and brakemen in charge of said train and by certain other employees of defendant, whereby he suffered greatly in mind and body, to his damage in the sum of $ 15,000, for which sum he prayed judgment.
In the first count of its answer the defendant specifically denied all the material allegations of the complaint. In the second count of its answer the defendant alleged that, if it be true that plaintiff was assaulted and struck by defendant's conductor, the same was done by said conductor in the necessary and proper exercise of his right of self-defense against a violent and vicious assault upon him by the plaintiff.
It appears that the appellee was a foreman in the building of railroad bridges. He boarded appellant's train at Batesville for Little Rock. Appellant's conductor asked appellee for his ticket, and appellee handed him the following pass:
Little Rock, 5-4, 1905.
Appellee describes what took place thereafter substantially as follows:
The plaintiff then describes his injuries, and details other matters not necessary to set out. His testimony was corroborated in essential particulars by witness Lee as to the origin and nature of the trouble between him and the conductor. The physician who dressed his wound testified concerning the injuries. The appellant's evidence tended to prove the allegations in its answer, The conductor testified that the
Counsel for the plaintiff, in his argument to the jury, used the following language, to wit:
The defendant objected to this argument by counsel, as being an incorrect statement of the law. The court overruled said objection, and the defendant duly saved its exceptions. The defendant, after the above language was used by the counsel for plaintiff, again asked the court to give instruction No. 7, but the court refused to give said instruction, to which action of the court defendant saved its exception.
Instruction No. 7 had been asked before by appellant and refused by the court, and exceptions properly saved. It was as follows:
"Even though the jury may find from the evidence that the defendant negligently wrote the date on the pass, so that it appeared to expire May 1st, instead of May 10th, they are instructed that negligence in writing the date on said pass is not to be considered by the jury in determining the liability of the railway company in this action."
There was a verdict for $ 1,000, and judgment accordingly, to reverse which this appeal is taken.
Judgment reversed and cause remanded.
B. S. Johnson for appellant.
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