Spadra Creek Coal Co. v. Callahan

196 S.W. 477, 129 Ark. 448, 1917 Ark. LEXIS 662
CourtSupreme Court of Arkansas
DecidedJune 18, 1917
StatusPublished
Cited by10 cases

This text of 196 S.W. 477 (Spadra Creek Coal Co. v. Callahan) 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
Spadra Creek Coal Co. v. Callahan, 196 S.W. 477, 129 Ark. 448, 1917 Ark. LEXIS 662 (Ark. 1917).

Opinion

Humphreys, J.

Appellee instituted suit in the Johnson Circuit Court against appellant to recover dam-1 ages for an injury received on the 7th day of June, 1916, while working in the coal mine of appellant, through the alleged negligence of appellant in failing to provide a safe place to work, or to inspect the working place, or to advise and warn appellee of the dangers incident to the performance of the labors he was directed to do.

Answer was filed, denying all the material allegations of the complaint and pleading, as an additional defense, contributory negligence.

The cause was heard upon the pleadings, evidence and instructions of the court, upon which a verdict was returned by the jury for $750 in favor of appellee.

The motion for new trial was filed, and when presented the trial court said:

“My opinion is that the plaintiff did not prove the liability of the defendant by a preponderance of the evidence; nor do I think the evidence justified the amount of damages returned. But* these questions were submitted to the jury, and I do not feel disposed to interfere with the verdict, and I therefore overrule the motion.”

To this ruling of the court the appellant at the time excepted, and asked that his exceptions be noted of record, which was done.

Judgment was entered in accordance with the verdict. Proper steps were had and done preparatory to appeal, and an appeal has been prosecuted to this court.

The appeal questions the sufficiency of the evidence to support the verdict, and the authority of the court to overrule the motion for new trial in the face of its declaration to the effect that appellee did not prove the liability of appellant by a preponderance of the evidence, and that the amount of the damage fixed by the verdict was excessive.

This court is committed to the doctrine that verdicts will not be disturbed on appeal to this court, if supported by any substantial legal evidence; that the question of whether verdicts are clearly contrary to the preponderance of the evidence is one for the trial court. and that it is the bonnden duty of the trial court to set aside verdicts when contrary to the weight of the evidence.

This case is ruled by the case of Twist v. Mullinix, 126 Ark. 427, 190 S. W. 851.

For the error indicated, the judgment is reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Missouri Pacific Railroad v. Clark
440 S.W.2d 198 (Supreme Court of Arkansas, 1969)
Clark v. Gill
174 S.W.2d 679 (Supreme Court of Arkansas, 1943)
Mo. Pac. Rd. Co., Baldwin, Trustees v. Brewer
102 S.W.2d 538 (Supreme Court of Arkansas, 1937)
S. C. Transport Company v. Barnes
85 S.W.2d 721 (Supreme Court of Arkansas, 1935)
McCullars v. State
35 S.W.2d 1030 (Supreme Court of Arkansas, 1931)
Zorub v. Missouri Pacific Railroad Co.
31 S.W.2d 421 (Supreme Court of Arkansas, 1930)
Bean v. Coffee
277 S.W. 522 (Supreme Court of Arkansas, 1925)
Mitchell v. Conway Cotton Oil Gin Co.
241 S.W. 48 (Supreme Court of Arkansas, 1922)
Mueller v. Coffman
200 S.W. 136 (Supreme Court of Arkansas, 1918)
Spadra Creek Coal Co. v. Harger
197 S.W. 705 (Supreme Court of Arkansas, 1917)

Cite This Page — Counsel Stack

Bluebook (online)
196 S.W. 477, 129 Ark. 448, 1917 Ark. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spadra-creek-coal-co-v-callahan-ark-1917.