Railway v. Barger

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

J. M. Pittman, Judge. This action was brought against the defendant company to .recover damages for an injury sustained by the plaintiff in falling through a hole in the defendant’s depot platform. The complaint alleged that the injury was received while the plaintiff was lawfully engaged in removing some freight from the depot, and that the defendant had negligently suffered the platform to become unsafe and had failed to repair it.

Cited by 1 later decisions — most recently February 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

View the full empirical analysis of this case →

Per Curiam.

¶1Evidence: 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.

¶2Story on Agency, sec. 136; R. R. v. Fillmore, 57 Ill., 265; R. R. v. Riddle, 60 Ill., 534; Flynn v. State, 43 Ark., 289.

¶3Reverse the judgment and remand the cause for a new trial.