# St. Louis, Iron Mountain & Southern Railway Co. v. Smith

> Supreme Court of Arkansas · February 4, 1907 · 82 Ark. 105

URL: https://www.frixlaw.com/law-library/cases/6546270

## Case

- **Full name:** St. Louis, Iron Mountain & Southern Railway Company v. Smith
- **Court:** Supreme Court of Arkansas
- **Decided:** February 4, 1907
- **Citations:** 82 Ark. 105; 100 S.W. 884; 1907 Ark. LEXIS 313
- **Precedential status:** Published
- **Opinion:** Dissent by Wood
- **Judges:** McCulloch, Wood
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6546270

## Opinion text

Wood, J., (dissenting.) The argument of counsel was highly prejudicial, and the approval of same by the court, after its attention was called to same, was tantamount to an instruction to the jury to the effect that the damages might be awarded as counsel desired. It is difficult to imagine a more erroneous and prejudicial argument. It was utterly foreign to the law, and wholly in conflict with the other instruction which the court gave correctly defining the measure of damage.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6546270. Public record. Not legal advice.