Supreme Court of Arkansas, 1889

Railway v. Barger

Supreme Court of Arkansas · Decided May 15, 1889

52 Ark. 78

Cases that cite this one

1 later published case cites this decision.

Railway Co. v. Sweet (Ark. 1893)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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