St. Louis, A. & T. Ry. Co. v. Triplett
Citation | 16 S.W. 266 |
Parties | ST. LOUIS, A. & T. RY. CO. v. TRIPLETT. |
Decision Date | 09 May 1891 |
Court | Supreme Court of Arkansas |
The ground for recovery alleged in the complaint in this case is that "the defendant so carelessly and negligently managed and operated its train and cars that they passed over the body of the deceased, and thereby, without the fault of the deceased, he was killed." At the trial evidence was introduced, without objection, to show, on behalf of the plaintiff, that the railway company had failed to afford a proper and safe place for the deceased to work, and had not exercised proper care in affording him protection against the carelessness of his fellow-servants. The company introduced evidence on the same issue. In fact, the burden of the evidence in the case was upon this issue. It was made one of the leading issues on the proof before the jury; the facts thus developed were undisputed; and the court gave instructions on both sides as to the law bearing upon the same. Counsel for appellant now insist, in an earnest and vigorous argument, that this court erred in considering, on appeal, the issue thus made, and that it is not proper to affirm the judgment on this issue. The point was directly ruled against the contention of counsel in the case of Railway Co. v. Harper, 44 Ark. 527, where the court say: Other questions are presented in the motion and argument for reconsideration, all of which were, either directly or indirectly,...
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Lake Erie & W. Ry. Co. v. Hennessey
......v. Vauble, 31 Ind. App. 370, 68 N. E. 195;Kentucky, etc., Co. v. Syndor, 119 Ky. 18, 82 S. W. 989, 68 L. R. A. 183, 185;St. Louis, etc., Co. v. Triplett, 54 Ark. 289, 15 S. W. 831, 16 S. W. 266, 11 L. R. A. 773;El Paso, etc., Co. v. Darr (Tex. Civ. App.) 93 S. W. 166, ......
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