Railway v. Barger

Supreme Court of Arkansas

Railway v. Barger

52 Ark. 78

CourtSupreme Court of Arkansas

DecidedMay 15, 1889

StatusPublished

Cited by1 cases

This text of 52 Ark. 78 (Railway v. Barger) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Railway v. Barger, 52 Ark. 78 (Ark. 1889).

Pincite

Opinion

Per Curiam.

Evidence: Declarations of agent. The admission of the statement made by Frost was error. The only object of the testimony was to prove unreasonable delay upon the part of the company in repairing the platform, after the defect in it became known. The statement of the agent was incompetent for that purpose.

Story on Agency, sec. 136; R. R. v. Fillmore, 57 Ill., 265; R. R. v. Riddle, 60 Ill., 534; Flynn v. State, 43 Ark., 289.

Reverse the judgment and remand the cause for a new trial.

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Per Curiam.

Evidence: Declarations of agent. The admission of the statement made by Frost was error. The only object of the testimony was to prove unreasonable delay upon the part of the company in repairing the platform, after the defect in it became known. The statement of the agent was incompetent for that purpose.

Story on Agency, sec. 136; R. R. v. Fillmore, 57 Ill., 265; R. R. v. Riddle, 60 Ill., 534; Flynn v. State, 43 Ark., 289.

Reverse the judgment and remand the cause for a new trial.

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Bluebook (online)

52 Ark. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railway-v-barger-ark-1889.

Opinion

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